Kunti Kumari @ Raveena Kumari And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51101 of 2014 Arising Out of PS.Case No. -122 Year- 2013 Thana -EKMA District- SARAN ======================================================
1. Kunti Kumari @ Raveena Kumari Daughter of Hardeo Ram
2. Rama Shankar Ram, son of Hardeo Ram, Both Resident of village- Mani Chhapra, P.S.- Ekma, District- Saran .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Pandey For the Opposite Party/s : Mr. Meena Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 14-05-2015 Heard learned counsel for the parties.
Having regard to the fact that the petitioners face prosecution for offence under section 304/34 of the Indian Penal Code and that the deceased was none else but their own brotherin-law allegedly having a notorious past and the man of questionable character, this Court taking into account that the petitioners are not only the brother-in-law and the sister-in-law of the deceased (Sala and Sali) but also that Vikash Pandey against whom the main allegation of assault was made has also been granted privilege of anticipatory bail by an order of this Court dated 19.8.2014 in Cr.Misc.No. 19272/2014, in order to maintain parity, would direct that if the petitioners, namely, Kunti Kumari @ Raveena Kumari and Rama Shankar Ram, would surrender before the court below within a period of four weeks from today,
Patna High Court Cr.Misc. No.51101 of 2014 (2) dt.14-05-2015 they shall 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 the Chief Judicial Magistrate, Saran at Chapra in Ekma P.S.Case No. 122 of 2013, subject to the following conditions:
(i) That both the bailors will be a 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.
(ii) That the bailor shall also state on affidavit that he will inform the Court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the Court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse.
(iii) 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 delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse.
Patna High Court Cr.Misc. No.51101 of 2014 (2) dt.14-05-2015 (iv) 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) surendra/- U