Baharan Ram And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28576 of 2018 Arising Out of PS.Case No. -1010 Year- 2017 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================
1. Baharan Ram, son of Mangal Ram,
2. Mangal Ram, son of late Mhangu Ram @ Mahmu Ram,
3. Nagia Devi, wife of Mangal Ram, all resident of Village- Jigna Dubey, P.S. Bhorey, District Gopalganj.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Motilal Patel, son of late Vikrama Patel, resident of Village- Jigna Dubey, P.S. Bhorey, District Gopalganj.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Indrajeet Bhushan, Advocate For the Opposite Party/s : Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 23-05-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Tr. No.1417 of 2018 arising out of Complaint Case No.1010 of 2017 instituted for the offence under Section(s) 420, 323, 506 Indian Penal Code. Counsel for the petitioners has submitted that there is no any document to substantiate the allegation levelled against the petitioners by the Complainant. Complainant has alleged that he paid Rs.1,50,000/- to the petitioners on the pretext of sending his son abroad, but they did not do so and also did not return money.
From the complaint itself, it appears that there is no
Patna High Court Cr.Misc. No.28576 of 2018 (2) dt.23-05-2018 2/2 any supporting document attached with the Complaint Petition. In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Tr. No.1417 of 2018 arising out of Complaint Case No.1010 of 2017, 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 the Additional Chief Judicial Magistrate-XII, Gopalganj, 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 bonds 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.