Patna High Court - Orders
Rupa Devi & Anr vs The State Of Bihar on 3 October, 2017
Author: Sanjay Priya
Bench: Sanjay Priya
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45710 of 2017
Arising Out of PS.Case No. -113 Year- 2017 Thana -MAUZAHIDPUR District- BHAGALPUR
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1. Rupa Devi, W/o Pradip Kumar Doshi,
2. Pradeep Kumar Doshi, Son of Late Sobin Tanti,
Both R/o Nayachak Lane, Mirzanhat, P.S.- Mojahidpur, District-
Bhagalpur.
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Davendra Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Murlidhar, A.P.P.
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CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
ORAL ORDER
2 03-10-2017Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Mojahidpur P.S. Case No. 113 of 2017 instituted for the offence under Sections 147, 149, 448, 353, 188, 171(F), 295 'A' of the Indian Penal Code, Section 135A and 136 of Representation of People Act, 1951.
It is alleged that petitioners created disturbance during voting hours showing voter list which was not found to be genuine by the authority. These petitioners also disturbed the election process and blocked the road and shouted slogans. As such, there is general and omnibus allegation against these petitioners.
It has been submitted that other co-accused persons have been granted anticipatory bail by a coordinate Bench of this Court vide order dated 14.07.2017 passed in Cr. Misc. 31183 of 2017. Patna High Court Cr.Misc. No.45710 of 2017 (2) dt.03-10-2017 2/2
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 Mojahidpur P.S. Case No. 113 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 learned Chief Judicial Magistrate, Bhagalpur, 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 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) S.Ali/-
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