Baij Nath Ojha And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6540 of 2018 Arising Out of PS.Case No. -420 Year- 2017 Thana -GARDANIBAGH District- PATNA ======================================================
1. Baij Nath Ojha, son of late Balmiki Ojha,
2. Renu Devi @ Renu Ojha, wife of Baij Nath Ojha,
3. Paras Nath Lav, son of Baij Nath Ojha, all residents of Behind D-55, Police Colony, P.O.- Anisabad, P.S.- Gardanibagh, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Surendra Kumar Mishra, Advocate For the Opposite Party/s : Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 28-02-2018 Heard learned counsel for the petitioners and learned APP for the State.
Supplementary Affidavit filed on behalf of the petitioners be kept on record.
Petitioners apprehend their arrest in Gardanibagh P.S. Case No.420 of 2017 instituted for the offence under Section(s) 304-B/34 Indian Penal Code.
Counsel for the petitioners has submitted that petitioners are father-in-law, mother-in-law and brother-in-law of the deceased. It has further been submitted that husband of the deceased is in custody since 17.02.2018.
In the written report, there is general and omnibus allegation against the petitioners.
Patna High Court Cr.Misc. No.6540 of 2018 (4) dt.28-02-2018 2/2 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 Gardanibagh P.S. Case No.420 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 the Sub Judge-XIV-cum-Additional Chief Judicial Magistrate, 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 their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bonds 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) JA/- U T