Patna High CourtCR. MISC./22999/2017bail granted

Kanhai Ram And ANR v. The State Of Bihar

2017-05-22Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22999 of 2017 Arising Out of PS.Case No. -282 Year- 2016 Thana -RAJAUN District- BANKA ======================================================

1. Kanhai Ram, son of Prasadi Ram,

2. Tun Tun Ram, son of Prasadi Ram, Both resident of Village- Darapa, P.S.- Rajoun, District- Banka. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Davendra Kumar Pandey, Advocate. For the Opposite Party/s : Mr. Bharat Bhushan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-05-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Rajoun P.S. Case No. 282 of 2016 instituted for the offence under Sections 302, 498 A, 201 and 34 of the Indian Penal Code. It has been submitted that husband of the deceased is already in custody. Petitioner No. 1 is brother-in-law (Bahnoi) of the husband of the deceased whereas petitioner No. 2 is brother of petitioner No.1. There is general and omnibus allegation against these petitioners.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within

Patna High Court Cr.Misc. No.22999 of 2017 (2) dt.22-05-2017 2/2 six weeks from today, in connection with Rajoun P.S. Case No. 282 of 2016, 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, Banka, 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners 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/- U T