Jag Mohan Singh And ANR. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19883 of 2015 Arising Out of PS.Case No. -91 Year- 2014 Thana -GURUA District- GAYA ====================================================== 1.Jag Mohan Singh son of Late Alakhdeo Singh. 2.Basanti Devi wife of Jag Mohan Singh.
Both residents of village Tarai, P.S. Gurua, District Gaya. .... .... Petitioner/s
Versus
1.State of Bihar.
2.Girija Devi Wife of Lat Suresh Singh resident of village Dadhapi, P.S. Madanpur, District Gaya.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Abhay Kumar Thakur, Adv For the Opposite Party/s : Mr. Satyaverat Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 18-08-2015 Heard learned counsel for the parties.
Having regard to the nature of allegation against the petitioners for the offences punishable under Sections-304B, 201/34 of the Indian Penal Code and the fact that the main accused being the son of the petitioners is already in custody, these two petitioners being the Father-in-Law and Mother-in-Law, having no criminal antecedent, this Court would be inclined to grant them the privilege of anticipatory bail. That being so, if the petitioners namely, Jag Mohan Singh and Basanti Devi, surrender within a
Patna High Court Cr.Misc. No.19883 of 2015 (3) dt.18-08-2015 period of four weeks from today, they would be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of S.D.J.M. Sherghati, Gaya in connection with Gurua P.S. Case No. 91 of 2014 (corresponding to G.R. No. 888 of 2014), subject to the conditions laid down under Section- 438 (2) Cr. P.C and also subject to the following conditions:- (i) That the court below shall make verification of criminal antecedent of the petitioners and if it is found that they are accused in any other criminal case, they shall not be granted bail and would be taken into custody. (ii) That both the bailors will be close relative of the petitioners who will give an affidavit giving genealogy as to how they are related with the petitioners. The bailors will also undertake to inform the Court if there is any change in the address of the petitioners.
(iii) That the bailors shall also state on affidavit that they will inform the Court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case
Patna High Court Cr.Misc. No.19883 of 2015 (3) dt.18-08-2015 and thereafter the Court below will be at liberty to initiate the proceeding for cancellation of their bail on the ground of misuse.
(iv) That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on the date fixed for charge and if they fail to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (v) That the petitioners will be well represented on each and every date of trial and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled on this ground alone.
(Mihir Kumar Jha, J) Ranjan/- U T