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Patna High CourtCR. MISC./7897/2016bail granted

Chhathu Mandal And ANR v. The State Of Bihar

2016-04-04Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7897 of 2016 Arising Out of PS.Case No. -13 Year- 2015 Thana -EKCHARI District- BHAGALPUR ======================================================

1. Chhathu Mandal Son of Late Dhattu Mandal,

2. Kamiya Devi Wife of Chhathu Mandal Both Residents of villageEkchari Diyara, P.S.- Ekchari, District- Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Pandey For the Opposite Party/s : Mr. L.K.Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-04-2016 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Ekchari Police Station Case No. 13 of 2015, disclosing offences under Section 304B/34 of the Indian Penal Code.

The petitioners are the father-in-law and the mother-in-law of the deceased.

Learned Counsel appearing on behalf of the petitioners has submitted that the police have already completed investigation and submitted charge sheet and, therefore, there is no requirement of custodial interrogation of the petitioners. He has further submitted that there is no

Patna High Court Cr.Misc. No.7897 of 2016 (2) dt.04-04-2016 2/2 likelihood that the petitioners shall flee from the course of trial, if granted the privilege of anticipatory bail. Considering the submission, as above, this application is allowed.

Let the petitioners, Chhatuhu Mandal and Kamiya Devi, 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/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bhagalpur, in connection with Ekchari Police Station Case No. 13 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present himself 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.) Prabhakar Anand/- U √ T √