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Patna High CourtCR. MISC./48264/2017bail granted

Balram Singh And ANR. v. The State Of Bihar

2017-10-18Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48264 of 2017 Arising Out of PS.Case No. -22 Year- 2004 Thana -SARAIYA District- MUZAFFARPUR ======================================================

1. BALRAM SINGH, S/o Ramasharya Singh

2. Saroj Devif W/o Balram Singh Both are resident of Village- Bajitpur, P.S.- Parsa, District- Saran at Chhapra.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-10-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Saraiya (Muzaffarpur) P.S. Case No. 22 of 2004 instituted for the offence under Sections304(B)/201 of the Indian Penal Code. Petitioners are father-in-law and mother-in-law of the deceased. The deceased died due to Hepatitis B. In support of this fact, the brother and mother of the deceased namely, Sheo Shankar Singh and Rajpati Devi have sworn affidavit stating that the deceased died due to Hapatitis B.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two

Patna High Court Cr.Misc. No.48264 of 2017 (2) dt.18-10-2017 2/2 sureties of the like amount each in connection with in Saraiya (Muzaffarpur) P.S. Case No. 22 of 2004 to the satisfaction of learned Sub Divisional Judicial Magistrate, West, Muzaffarpur subject to condition as laid down u/S 438(2) of the 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) A.K.V./- U T