Brahmdeo Sahni And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38982 of 2017 Arising Out of PS.Case No. -26 Year- 2017 Thana -TISIAUTA District- VAISHALI(HAJIPUR) ======================================================
1. Brahmdeo Sahni, Son of Late Bhawi Sahani,
2. Marchi Devi, W/o Brahmdeo Sahni.
3. Dani Sahani, Son of Late Ram Sevak Sahni, All R/o Village- Nari Khurd, P.S.- Tisiouta, District- Vaishali. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sabal Kumar Jha, Advocate. For the Opposite Party/s : Mr. Sanjay Kumar Sharma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-09-2017 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Tisiouta P.S. Case No. 26 of 2017 instituted for the offence under Sections 304(B)/34 of the Indian Penal Code.
It has been submitted that petitioners are father-inlaw, mother-in-law and Gotiya of the deceased. In the written report it is alleged that husband of the deceased along with other accused persons set ablaze the deceased. There is general and omnibus allegation against the petitioners.
Considering the facts and circumstances of the case,
Patna High Court Cr.Misc. No.38982 of 2017 (3) dt.05-09-2017 2/2 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 Tisiouta P.S. Case No. 26 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 Additional Chief Judicial Magistrate, 9th, Hajipur at Vaishali, 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