Santosh Mallik And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11196 of 2018 Arising Out of PS.Case No. -85 Year- 2017 Thana -RAMGARHWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Santosh Mallik, S/o Parichhan Malik,
2. Parichhan Mallik, S/o Late Bagar Mallik,
3. Girja Devi, W/o Parichhan Mallik,
4. Lalita Devi, W/o Santosh Mallik,
5. Punam Devi, W/o Ajay Mallik, all of village- Panjeerwa, P.S.- Sugauli, Dist- East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sangeet Deokuliar, Advocate For the Opposite Party/s : Mr. Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 08-03-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Ramgarhwa P.S. Case No.85 of 2017 instituted for the offence under Section(s) 366, 342, 354-B, 379/34 Indian Penal Code. Counsel for the petitioner has submitted that petitioner no.5 is married with the brother of the informant of this case. She was ill treated and subjected to cruelty and finally ousted from her matrimonial home for demand of dowry. Petitioner no.5 has filed a case against her husband, Ajay Mallik, brother-in-law, Shambhu Mallik, and sister-in-law, Kunti Devi, (informant of this case) and others for the offence under
Patna High Court Cr.Misc. No.11196 of 2018 (2) dt.08-03-2018 2/3 Section(s) 498-A along with other allied sections of the Indian Penal Code vide Ramgarhwa P.S. Case No.84 of 2017. Thereafter, this case has been filed as a counter blast by Kunti Devi, sister of husband of petitioner no.5.
From the Complaint Petition, which was sent to P.S. under Section 156 (3) Cr. P.C., it appears that there is general and omnibus allegation against the petitioners.
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 Ramgarhwa P.S. Case No.85 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 SubDivisional Judicial Magistrate, Raxaul at Motihari, East Chamapran, 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
Patna High Court Cr.Misc. No.11196 of 2018 (2) dt.08-03-2018 3/3 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. (Sanjay Priya, J) JA/- U T