Sanjay Choudhary And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41700 of 2018 Arising Out of PS.Case No. -115 Year- 2018 Thana -LALGANJ District- VAISHALI(HAJIPUR) ======================================================
1. Sanjay Choudhary, Son of Late Jagdish Choudhary,
2. Manju Devi, Wife of Sanjay Choudhary,
3. Raja Kumar, Son of Sanjay Choudhary,
4. Sudhir Choudhary, Son of Late Kamal Choudhary, All above Resident of Village- Totahan, Police Station- Lalganj, District- Vaishali. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sachin Kumar For the Opposite Party/s : Mr. Sri Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-08-2018 Heard learned counsel for the petitioners, the informant as well as the State.
The petitioners apprehend their arrest in Lalganj P.S. Case No. 115/2018, instituted for the offences punishable under Sections 341, 323, 307, 379 and 504/34 of the Indian Penal Code. Learned counsel for the petitioners has submitted that Petitioner no. 1 is brother of the husband of informant, Petitioner no. 2 is Gotani of informant, Petitioner no. 3 is son of Petitioner nos. 1 and 2 and Petitioner no. 4 is co-villager. The husband of the informant is already in custody. The instant case has been filed because the informant has illicit relation with co-villager Shiv Pujan Rai and on protest by the villagers a Panchayati was held in presence of petitioners, informant and co-villagers. Minutes of Panchayati is annexed as Annexure- P2. Thereafter, the instant case has been filed by the
Patna High Court Cr.Misc. No.41700 of 2018 (4) dt.07-08-2018 2/2 informant levelling allegation against petitioners. The injuries found on the person of the injured are simple in nature. Considering the facts and circumstances of the case, the 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 Lalganj P.S. Case No. 115/2018, 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 learned Chief Judicial Magistrate, Vaishali at Hajipur, subject to the conditions as laid down under Section 438(2) of the 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners 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.) Rakhi U T