Gita Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41270 of 2018 Arising Out of PS.Case No. -19 Year- 2018 Thana -MALI District- AURANGABAD ======================================================

1. Gita Devi, W/o Awadhesh Pandey,

2. Awadhesh Pandey, S/o Late Kedar pandey,

3. Nanhe Pandey, S/o Awadhesh Pandey, All three R/o Vill.- Dhamni, P.S.- Mali, District- Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate. For the Opposite Party/s : Mr. Abhay Kumar Roy, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-07-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Mali P.S. Case No. 19 of 2018 instituted for the offence under Sections 304(B), 201 and 120(B) of the Indian Penal Code. Counsel for the petitioners has submitted that petitioner Nos. 1 and 2 are parents-in-law and petitioner No. 3 is brother-in-law of the deceased. They have been living separate from the husband of the deceased.

In the written report there is general and omnibus allegation against the petitioners.

Considering the facts and circumstances of the case,

Patna High Court Cr.Misc. No.41270 of 2018 (2) dt.16-07-2018 2/2 prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Mali P.S. Case No. 19 of 2018, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) 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 their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond 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) S.Ali/- Rohit Kr.

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