Om Prakash Paswan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29892 of 2017 Arising Out of PS.Case No. -30 Year- 2017 Thana -BARH District- PATNA ======================================================

1. Om Prakash Paswan, s/o late Keshar Paswan

2. Sahila Devi @ Shila Devi, w/o Om Prakash Paswan Both residents of village - Etawa, P.S. - Barh, District - Patna. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Anil Kumar, Advocate. For the Opposite Party/s : Mr. Akbar Ali, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-07-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Barh P.S. Case No. 30 of 2017 instituted for the offence under Sections 304B/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioners that they are parents-in-law of the deceased.

From the written report it appears that there is general and omnibus allegation against the petitioners. As per allegation in the written report, the accused persons had done to death the daughter of the informant by administering poison. It is mentioned in paragraph-3 of the bail petition that petitioners have no criminal antecedent.

Patna High Court Cr.Misc. No.29892 of 2017 (2) dt.12-07-2017 2/2 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 six weeks from today, in connection with Barh P.S. Case No. 30 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 Additional Chief Judicial Magistrate, Barh, Distt. Patna, 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