Birendra Sah And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2099 of 2018 Arising Out of PS.Case No. -199 Year- 2017 Thana -BATHNAHA District- SITAMARHI ======================================================
1. Birendra Sah, Son of Sant Sah.
2. Lila Devi, Wife of Birendra Sah, Both Resident of Village- Mahuava, Police Station- Bathnaha, District- Sitamarhi. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-03-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Bathnaha P.S. Case No. 199 of 2017 instituted for the offence under Sections-304(B)/34 of the Indian Penal Code.
Petitioners are father-in-law and mother-in-law of the deceased.
Learned counsel for the petitioners has submitted that petitioners have no concern with the affair of husband of the deceased. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Bathnaha P.S. Case No. 199
Patna High Court Cr.Misc. No.2099 of 2018 (5) dt.05-03-2018 2/2 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi subject to condition as laid down u/S 438(2) of the 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 petitioner 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) sushma/- U T