Sushila Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44196 of 2017 Arising Out of PS.Case No. -152 Year- 2017 Thana -BHAWANIPUR District- PURNIA ======================================================

1. Sushila Devi, Wife of Raju Mandal.

2. Raju Mandal, son of Late Jhoghan Mandal, Both resident of village- Ismailpur, Police Station- Bhawanipur, DistrictPurnia. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Vikram Singh, Advocate. For the Opposite Party/s : Smt. Suman Kumari Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-10-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Bhawanipur (Akbarnagar P.S. Case No. 152 of 2017) instituted for the offence under Sections 364 and 370/34 of the Indian Penal Code. It has been submitted that petitioners are parents-inlaw of the victim lady. It has further been submitted that the victim lady was in habit of fleeing away from the house, in which a Panchayti was also held (Annexure-2) and thereafter the husband has agreed to keep the informant in her Sasural. The victim girl again voluntarily left the house. These petitioners have no concern with family affairs of the husband and victim lady.

Patna High Court Cr.Misc. No.44196 of 2017 (3) dt.16-10-2017 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 Bhawanipur (Akbarnagar P.S. Case No. 152 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 Sub Divisional Judicial Magistrate, Purnea, 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