Shyamdeo Chaudhary And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28447 of 2017 Arising Out of PS.Case No. -229 Year- 2013 Thana -ATRI District- GAYA ======================================================
1. Shyamdeo Chaudhary, son of late Makai Chaudhary
2. Manoj Chaudhary, son of Shyamdeo Chaudhary,
3. Sangita Devi, wife of Manoj Chaudhary, all resident of village- Bhalua, P.S.- Atri, District- Gaya.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate For the Opposite Party/s : Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 21-07-2017 Heard learned counsel for the Petitioners and the State.
The Petitioners apprehend their arrest in Atri P.S. Case No.229 of 2013 instituted for the offence under Section(s) 302, 201/34 Indian Penal Code.
It has been submitted that the husband is already in custody. These petitioners are father-in-law, brother-in-law (Bhaisur) and sister-in-law (Gotani) respectively of the deceased. Case has been registered on the basis of fard-e-bayan of Chaukidar that a dead body of unknown lady was found thrown in the pond. The informant identified the dead body to be of his daughter. First Information Report is against unknown. In the written report itself, there is no allegation of
Patna High Court Cr.Misc. No.28447 of 2017 (3) dt.21-07-2017 2/2 any specific overt act against these petitioners. 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 Atri P.S. Case No.229 of 2013, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-I, Gaya, 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.