Suman Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36193 of 2016 Arising Out of PS.Case No. -64 Year- 2014 Thana -ITADHI District- BUXAR ======================================================
1. Suman Devi, Daughter of Baidya Nath Yadav.
2. Uma Devi, Wife of Baidya Nath Yadav.
3. Sempu Devi @ Sampy Devi, Wife of Manish Yadav.
4. Sidhnath Yadav @ Sidhnath Singh Son of Shyam Bihari Yadav. All Residents of Village: Basudhar, P.S Itarhi, District- Buxar. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Satyapal Singh, Adv. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-09-2016 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 302, 201/34 of the Indian Penal Code registered in connection with Itarhi P.S. Case No. 64 of 2014.
3. It is submitted that the petitioners have been falsely implicated and the accusations are general and omnibus in nature. The petitioners were variously related to the deceased. Similarly situated co-accused namely Awadhesh Yadav, Shyam Bihari Yadav and Manish Yadav have been granted anticipatory bail by this Court in Cr. Misc. No. 14746 of 2015 and accused Baidya Nath Singh @ Baidya Nath Yadav has been granted anticipatory bail by this Court in Cr. Misc. No. 14891 of 2015.
Patna High Court Cr.Misc. No.36193 of 2016 (2) dt.06-09-2016
4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Itarhi P.S. Case No. 64 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C., and also subject to the following further conditions:
(i) That one of the bailors of each of the petitioners shall be their close relative other than the petitioners herein. (ii) That the petitioners shall cooperate with the investigation and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(iii) That the petitioners will be well represented in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Md. Ibrarul/Chandran U T