Rajiv Kumar And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11767 of 2015 Arising Out of PS.Case No. -583 Year- 2014 Thana -KANTI District- MUZAFFARPUR ======================================================

1. Rajiv Kumar S/o- Ram Swaroop Mahato

2. Ram Swaroop Mahato, S/o- Mahesh Mahato

3. Gita Devi, W/o- Ram Swaroop Mahato All are Resident of villageMadhuban, P.S.- Kanti, Dist.- Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anish Kumar For the Opposite Party/s : Mr. Sanjay Kumar Sharma(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 26-05-2015 Learned counsel for the petitioners seeks permission to withdraw the application of Petitioner no. 1. It is dismissed as such.

The Petitioners seek bail in a case instituted for the offence under Section(s) 304 (B), 201 and 34 of the Indian Penal Code.

Considering that the petitioners are parent-in-law and brother-in-law of the deceased and claimed to have been living separately, in the event of surrender/arrest of the Petitioners no. 2 and 3 within four weeks from the date of receipt/production of a copy of this order in connection with Kanti P.S. Case No. 583 of 2014, G.R. No. 3263 of 2014 they shall be released on

Patna High Court Cr.Misc. No.11767 of 2015 (3) dt.26-05-2015 2/2 anticipatory bail on furnishing bail bond of Rs.5,000/- (five thousand) each with two sureties of the like amount each or any other surety to be fixed by the court below to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur, subject to the conditions as laid down under sections 438(2) Cr. P. C. subject to the conditions (i) that one of the bailors will be a close relative of the petitioners, who will give an affidavit giving genealogy as to how he is related with the petitioners.

The bailors will undertake to furnish information to the court about any change in the address of the petitioners, (ii) that the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse, and (iii) that the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.