Dilip Barnwal @ Dilip Baranwal And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7600 of 2018 Arising Out of PS.Case No. -1519 Year- 2014 Thana -COMPLAINT CASE District- JAMUI ======================================================
1. Dilip Barnwal @ Dilip Baranwal, son of Om Prakash Barnwal
2. Om Prakash Barnwal @ Omparkash Barnwal, son of late Chintamani Barnwal Both are resident of Bajrangi Chouk, Purani Bazar, Jhajha, P.S. Jhajha, Distt. Jamui.
.... .... Petitioner/s
Versus
1. The State of Bihar
2. Laxmi Kumari, wife of Chandradeo Prasad Barnwal, r/o Purani Bazar, Jhajha Bajarang Chouk, Jhajha, P.S. Jhajha, Distt. Jamui. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amar Prakash, Advocate. For the Opposite Party/s : Mr. Chandrasen Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-02-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Complaint Case No. 1519C of 2014 instituted for the offence under Sections 323, 380, 354, 504 and 352/34 of the Indian Penal Code. Learned counsel for the petitioners has submitted that the instant case is counter blast of Complaint Case No. 1476 (C) of 2014 dated 22.08.2014 filed by the petitioner No. 2 against the complainant and her other family members.
In the instant case there is allegation that on 24.08.2014 at about 10:00 p.m. the petitioners and other accused persons after forming unlawful assembly entered into the house of the informant and assaulted and abused her and other family members. They also took away articles which have been mentioned in the written report.
Patna High Court Cr.Misc. No.7600 of 2018 (2) dt.27-02-2018 2/2 In this manner, there is general and omnibus allegation against all the petitioners.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Complaint Case No. 1519C of 2014, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Jamui, subject to the conditions as laid down under Section 438 (2) Cr. P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) S.