Ramkaliya Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5988 of 2016 Arising Out of PS.Case No. -205 Year- 2015 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Ramkaliya Devi wife of Late Ramchandra Yadav

2. Amarjeet Yadav son of Late Ramchandra Yadav Both residents of Village- Ekrahiya, P.S.- Chanpatia (Sirsiya O.P.) District- West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Tara Devi w/o Chirkut Yadav, r/o village-Musahari, P.S. Sirisia (Chanpatia), District-West Champaran .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Nitya Nand Tiwary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-10-2016 Heard learned counsel for the petitioners, learned counsel representing the informant and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Chanpatia (Sirisiya) P.S. Case No. 205 of 2015, disclosing offences under Sections 302/34 of the Indian Penal Code. The petitioners are mother-in-law and father-in-law of the deceased.

Learned counsel for the petitioners has submitted that the allegation made in the First Information Report is incorrect and the informant appears to have been misled by some one to file present First Information Report. According to him, the informant has realized true state of affairs and has resiled from her earlier version.

Patna High Court Cr.Misc. No.5988 of 2016 (5) dt.04-10-2016 2/2 Learned counsel appearing on behalf of the informant has submitted that the informant does not have any objection if the petitioners are granted anticipatory bail.

Considering the submissions so advanced, this application is allowed.

Let the petitioners, above-named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, West Champaran at Bettiah in connection with Chanpatia (Sirisiya) P.S. Case No. 205 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Vats/-c U T