Kailash Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16796 of 2017 Arising Out of PS.Case No. -57 Year- 2017 Thana -SUPAUL District- SUPAUL ======================================================
1. Kailash Sah, Son of late Lakshmi Sah,
2. Shambhu Sah @ Shambhu Kr. Sah, Son of Satyanarayan Sah.
3. Anil Kumar, Son of Kailash Sah, All Resident of Ward no.- 12 Supaul, P.S. and District- Supaul. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar Jha, Advocate. For the Opposite Party/s : Mr. Harendra Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-06-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Supaul P.S. Case No.57 of 2017 instituted for the offence under Sections 447, 341, 323, 324, 307, 354, 504 and 34 of the Indian Penal Code. It has been submitted on behalf of the petitioners that the instant case is a counter blast of Supaul P.S. Case No. 60 of 2017 filed by the mother-in-law of the deceased Rina Devi on 29.1.2017 for negligence in duty committed by the doctor in the Hospital. Learned counsel for the petitioners has further submitted that the petitioners are not named in the written report. They have been made accused merely on suspicion on recovery of CC TV camera footage. From the written report it appears that there is general and omnibus allegation against these petitioners. The First Information
Patna High Court Cr.Misc. No.16796 of 2017 (4) dt.23-06-2017 2/2 Report is against unknown.
In such circumstances, 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 Supaul P.S. Case No. 57 of 2017, 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, Supaul, 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