Surendra Sahani And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33954 of 2017 Arising Out of PS.Case No. -40 Year- 2017 Thana -PIPRA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Surendra Sahani, Son of Late Baidnath Sahani,
2. Sita Ram Sahni, Son of Ram Nath Sahani,
3. Pratima Devi, W/o Sita Ram Sahani,
4. Raghunath Sahani @ Ramnath Sahani, Son of Late Ratan Sahani, All are R/o Village- Tajayapur Naya Tola, Ramgadhwa, P.S.- Pipra, District- East Champaran, Motihari.
.... .... 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. Dr. Kumar Uday Pratap, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 31-07-2017 A supplementary affidavit has been filed on behalf of the petitioners. Let it be kept on the record. Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Pipra P.S. Case No. 40 of 2017 instituted for the offence under Sections 304(B)/34 of the Indian Penal Code.
It has been submitted that husband of the deceased is already in custody. Petitioner No. 1 is villager, petitioner No. 2 is Dewar, petitioner No. 3 is Deyadin and petitioner No. 4 is fatherin-law of the deceased.
Patna High Court Cr.Misc. No.33954 of 2017 (3) dt.31-07-2017 2/2 From the written report it appears that there is general and omnibus 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 Pipra P.S. Case No. 40 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, East Champaran, 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, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) S.Ali/- U T