Durga Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6417 of 2018 Arising Out of PS.Case No. -141 Year- 2017 Thana -SIDHWALIA District- GOPALGANJ ======================================================

1. Durga Sah

2. Sanjay Sah

3. Raju Sah All sons of late Ramashray Sah

4. Sudami devi, Wife of Late Ramashray

5. Sunita Devi, W/o Durga Sah All Resident of Village-Sidhwalia, P.S.-Sidhwalia District-Gopalganj.

6. Awadhesh Sah, S/o Ramesh Sah, Resident of Village-Rajapatti, P.S.- Baikunthpur District-Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mritunjay Prasad Singh, Advocate. For the Opposite Party/s : Mr. Khurshid Anwar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-02-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Sidhwalia P.S. Case No. 141 of 2017 instituted for the offence under Sections 304(B), 302 and 201/34 of the Indian Penal Code. It has been submitted that the petitioners are family members of the husband of the deceased namely, Manoj Sah. It has further been submitted that compromise has taken place between the parties.

In the written report there is general and omnibus

Patna High Court Cr.Misc. No.6417 of 2018 (3) dt.22-02-2018 2/2 allegation against the petitioners.

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 Sidhwalia P.S. Case No. 141 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, Gopalganj, 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 bond 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