Shivjee Mukhiya And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 22140 of 2016 Arising out of P.S. Case No. -118 Year- 2015 Thana - MADHUBANI TOWN District- MADHUBANI ===================================================

1. Shivjee Mukhiya, S/o Late Laxman Mukhiya.

2. Arhuliya Devi, Wife of Shiv Jee Mukhiya.

3. Bharat Mukhiya, Son of Shivjee Mukhiya.

4. Soni Devi, Wife of Bharat Mukhiya.

5. Mangal Mukhiya, Son of Shivjee Mukhiya.

6. Binda Devi @ Bind Kumari, D/o Shivjee Mukhiya. All are resident of Village-Bhachhi, P.S.-Town Madhubani, District-Madhubani. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s =================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Jha, Adv. For the Opposite Party/s: Mr. Hirday Prasad Singh (APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER

02. 19.05.2016 Heard learned counsel for the Petitioners and the State.

The Petitioners are apprehending their arrest in a case registered under Section 304(B) and 201/34 of the Indian Penal Code.

Considering that the Petitioners are the in-laws of the deceased and claim to have been living separately, let them be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of four weeks from the date of receipt of the order on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Chief Judicial Magistrate,

Patna High Court Cr.Misc. No.22140 of 2016 (2) dt.19-05-2016 Madhubani in connection with G.R. No. 747 of 2015 arising out of Madhubani Town P.S. Case No. 118 of 2015 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also subject to the following 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 bailor will also undertake to inform the Court if there is 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 delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (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.

Vikash/- (Anjana Prakash, J.) U T