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Patna High CourtCR. MISC./18099/2017bail granted

Indradeo Bagbai And ANR v. The State Of Bihar

2017-05-09Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18099 of 2017 Arising Out of PS.Case No. -942 Year- 2016 Thana -BANKA District- BANKA ======================================================

1. Indradeo Bagbai Son of Late Ram Bagbai.

2. Manju Devi, Wife of Indradeo Bagbai. Both Resident of VillageRangania, P.S.- Banka, District- Banka. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brij Nandad Prasad For the Opposite Party/s : Mr. Sri Parmanand Kumar For Informant : Mr. Sanjay Kumar Jha, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-05-2017 The petitioners seek regular bail in connection with Banka P.S. Case No. 942 of 2016, registered for offences punishable under Sections 304(B)/34 Indian Penal Code. It has been submitted on behalf of the petitioners that though the case is under Section 304(B) and petitioners are fatherin-law and mother-in-law, however, no specific allegation has been levelled against the petitioner. In fact, deceased consumed poison as he used to be frustrated because she was not having any child, this fact has also come in the restatement of the informant and also several witnesses have supported this fact that deceased consumed poison due to which she died. Petitioners are in judicial custody since 06.03.2017.

Heard learned A.P.P. and learned counsel for the informant.

Patna High Court Cr.Misc. No.18099 of 2017 (3) dt.09-05-2017 2/2 Having heard both sides, in view of the fact that petitioners are father-in-law and mother-in-law and also in view of the restatement of informatn, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) each with two sureties of the like amount each to the satisfaction of learned CJM, Banka, in connection with Banka P.S. Case No. 942 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution will be free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T