Gautam Chaudhary And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.34607 of 2017 (2) dt.26-07-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34607 of 2017 Arising Out of PS.Case No. -49 Year- 2014 Thana -NOKHA District- SASARAM (ROHTAS) ======================================================
1. Gautam Chaudhary, Son of Rajbansh Chaudhary,
2. Rajbansh Singh @ Ranjansh Chaudhary, S/o Sudarshan Chaudhary, Both R/o Village- Schkhpurwa, P.S.- Nokha, District- Rohtas. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ramchandra Singh For the Opposite Party/s : Mr. Sri Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-07-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Nokha P.S. Case No. 49 of 2014 instituted for the offence under Sections-304B, 201/34 of the Indian Penal Code.
It has been submitted that petitioners are not family members of the deceased. They were only present at the time of cremation of the dead body.
From the written report, it appears that there is general and omnibus allegation against the petitioners.
In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of
Patna High Court Cr.Misc. No.34607 of 2017 (2) dt.26-07-2017 the like amount each in connection with Nokha P.S. Case No. 49 of 2014 to the satisfaction of Sri Abhai Srivastave, learned Sub Judge-IXcum-Additional Chief Judicial Magistrate, Sasaram, Rohtas subject to condition as laid down u/S 438(2) of the Cr.P.C. with further conditions (bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioner and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) A.K.V./- U T