Patna High CourtCR. MISC./40538/2017bail granted

Anu Khatoon And ANR v. The State Of Bihar

2017-09-18Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.40538 of 2017 (3) dt.18-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40538 of 2017 Arising Out of PS.Case No. -44 Year- 2017 Thana -VIJAYPUR District- GOPALGANJ ======================================================

1. Anu Khatoon Daughter of Bachcha Mian

2. Tetra Khatoon Wife of Bachcha Mian Both Resident of VillageKohrwalia, P.S.-Bijaipur, District-Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Chandra For the Opposite Party/s : Mr. Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-09-2017 Heard the parties.

The petitioners seek regular bail in connection with Bijaipur P.S.case No.44 of 2017 registered for offences punishable under Sections 302/201 of the Indian Penal Code.

Allegation against the petitioners, as per FIR, is that though the dead body was found by the Chaukidar and later on police arrested the petitioners while they were trying to flee away. Submission of the learned counsel for the petitioners is that except confession there is nothing against the petitioner and they are in custody for about 5 1⁄2 months..

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named,

Patna High Court Cr.Misc. No.40538 of 2017 (3) dt.18-09-2017 be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M. IV, Gopalganj, District Gopalganj in connection with Bijaipur P.S.Case No.44 of 2017. With 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 petitioners shall co-operate 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 is free to move for cancellation of their bail bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T