← Library
Patna High CourtCR. MISC./34568/2017bail granted

Sanjay Thakur And ORS v. The State Of Bihar

2017-07-25Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34568 of 2017 Arising Out of PS.Case No. -49 Year- 2015 Thana -TANDWA District- AURANGABAD ======================================================

1. Sanjay Thakur,

2. Mukesh Thakur,

3. Shashi Thakur All 1 to 3 Son of Dasharath Thakur, R/o Village- Simri Bechin, P.S.- Tandwa, District- Aurangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar Pandey, Advocate For the Opposite Party/s : Mr. Ramchandra Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-07-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Tandwa P.S. Case No. 49 of 2015 instituted for the offence under Sections 304(B) and 201/34 of the Indian Penal Code.

It is alleged in the written report that elder daughter of the informant was married with Dhananjay @ Chhotu in the year 2014. Thereafter, she was tortured in her sasural for demand of dowry and ultimately she was done to death and her dead body was cremated without giving any information to the informant and his family members. These petitioners are said to be the brothers of the husband of the deceased.

From the written report it appears that there is general and omnibus allegation against the petitioners.

Patna High Court Cr.Misc. No.34568 of 2017 (2) dt.25-07-2017 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 Tandwa P.S. Case No. 49 of 2015, 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 Additional Chief Judicial Magistrate-VII, Aurangabad, 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