Sharda Kumari And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38295 of 2018 Arising Out of PS. Case No.-524 Year-2017 Thana- KHAGARIA District- Khagaria ======================================================

1. Sharda Kumari, Daughter of Indradeo Paswa, resident of Hajipur North, P.S. Chitragupt Nagar, District- Khagaria.

2. Sholina Devi, Wife of Indradeo Paswan, resident of Hajipur North, P.S. Chitragupt Nagar, District- Khagaria.

3. Priyanka Kumari, Wife of Gyani Paswan @ Gyani Pavan, resident of Lohiya Nagar, P.S.- Chitragupt Nagar, District Khagaria.

4. Khakho Paswan, son of Dharm Paswan, resident of Lohiya Nagar, P.S. Chitragupt Nagar, District Khagaria. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mrityunjay Kumar, Advocate For the Opposite Party/s :

Mr. Dilip Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-07-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend arrest in Khagaria (Muffasil) P.S. Case No. 524 of 2017, G.R. No. 2229 of 2017 instituted for the offence under Sections 384, 420, 467, 468, 471,504,120(B) of the IPC.

Learned counsel for the petitioners submits that there is land dispute between the parties. The informant alleged to have purchased the land from Shail Devi, whereas, petitioner no. 1 to 3 claimed to have purchased the aforesaid land from Shail Maharani. In the instant case, there is allegation against

Patna High Court Cr.Misc. No.38295 of 2018(2) dt.03-07-2018 2/3 these petitioners that while informant was in the office of his "Maan Baishno Dharm Kanta" godown, petitioner arrived and demanded to remove godown.

Learned counsel for the petitioner has submitted that similarly situated co-accused has already been granted anticipatory bail by coordinate Bench of this Court vide order dated 26.04.2018 passed in Cr. Misc. No. 20648 of 2018. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners, named above, in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Khagaria (Muffasil) P.S. Case No. 524 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Khagaria, subject to condition as laid down u/S 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 dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel

Patna High Court Cr.Misc. No.38295 of 2018(2) dt.03-07-2018 3/3 bail bonds of the petitioners and (3) if the petitioners tampers 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) khushbu/- U T