Prem Chandra Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38143 of 2017 Arising Out of PS.Case No. -107 Year- 2017 Thana -MAHESI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Prem Chandra Kumar, S/o Shyama Kant Prasad Chaurasiya @ Shyama Kant Chaurasiya,

2. Sobha Devi, W/o Shyama Kant Prasad Chaurasiya @ Shyama Kant Chaurasiya,

3. Annu Kumari,

4. Laxmi Kumari, both are D/o Shyama Kant Prasad Chaurasiya @ Shyama Kant Chaurasiya, all are resident of village- Tarapakar, P.S.- Mehasi, District- East Champaran, Motihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s : Mr. Shailendra Kumar -1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 31-08-2017 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Mehsi P.S. Case No.107 of 2017 instituted for the offence under Section(s) 304B/34 Indian Penal Code. Petitioner No.1 is brother-in-law (Dewar), petitioner No.2 is mother-in-law and petitioner Nos.3 and 4 are sister-inlaw of the deceased. From the written report, it appears that there is general and omnibus allegation against all these petitioners.

Patna High Court Cr.Misc. No.38143 of 2017 (3) dt.31-08-2017 2/3 Counsel for the State has submitted that the witnesses in para 7, 8, 9, 10, and 11 have taken the name of these petitioners.

From perusal of the aforesaid paragraphs of the case diary, it appears that there is general and omnibus allegation against these petitioners.

In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Mehsi P.S. Case No.107 of 2017, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, VI, East Champaran at Motihari, 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,

Patna High Court Cr.Misc. No.38143 of 2017 (3) dt.31-08-2017 3/3 in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) JA/- U T