Sudama Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 49893 of 2015 Arising out of P.S. Case No. -213 Year- 2012 Thana - SAHEBGANJ District- MUZAFFARPUR ===================================================

1. Sudama Dev Wife of Lakhinder Sahni.

2. Shankar Sahni Son of Raghunath Sahni.

3. Parvati Devi Wife of Shankar Sahni.

4. Kalari Devi Wife of Ram Chandra Sahni.

5. Lakhindra Sahni Son of Chandra Sahni.

6. Ram Chandra Sahni Son of Raghunath Sahni All Resident of Village - Lodiya, P.S.- Sahebganj, District - Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar, Adv. For the Opposite Party/s: Mr. Smt. Pushpa Sinha 2 (APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER

02. 03.11.2015 Heard learned counsel for the Petitioners and the State.

The Petitioners are apprehending their arrest in a case registered under Sections 302 and 201/34 of the Indian Penal Code.

Considering that there is no direct evidence against the Petitioners and it is not a case under Section 304B IPC which would entitle the prosecution to raise a presumption against the in-laws, let the Petitioners, above named be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of four weeks from the date of receipt of the order on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of

Patna High Court Cr.Misc. No.49893 of 2015 (2) dt.03-11-2015 the like amount each or any other surety as fixed by the Court to the satisfaction of Sub-divisional Judicial Magistrate, (West) Muzaffarpur in connection with Sahebganj P.S. Case No. 213 of 2012 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also subject to the following conditions:- (i) That one of the bailors will be a close relative of the Petitioners who will give an affidavit giving genealogy as to how he is related with the Petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioners.

(ii) That the Petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (iii) That the Petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. Vikash/- (Anjana Prakash, J.)