Akhilesh Sahni @ Akhlesh Sahni And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45721 of 2017 Arising Out of PS.Case No. -108 Year- 2015 Thana -KAHAIYA District- MUZAFFARPUR ======================================================

1. Akhilesh Sahni @ Akhlesh Sahni, son of late Shiv Balak Sahni,

2. Bhagmati Devi, w/o late Shiv Balak Sahni, both R/o villageSadhanpura, P.S.- Kathaiya, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Narain Sinha, Advocate Ms. Kumari Vandana, Advocate For the Opposite Party/s : Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 03-10-2017 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Kathaiya P.S. Case No.108 of 2015 instituted for the offence under Section(s) 304-B/34 Indian Penal Code.

It has been submitted that husband of the deceased is already in custody. The petitioners are the mother-in-law and Dewar of the deceased.

The Informant has alleged in the written report that her daughter has been done to death by giving poison by these petitioners and other accused persons.

As such, from the written report itself, it appears that there is vague and omnibus allegation against the petitioners.

Patna High Court Cr.Misc. No.45721 of 2017 (2) dt.03-10-2017 2/2 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 Kathaiya P.S. Case No.108 of 2015, 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 Judicial Magistrate, 1st class, West, Muzaffarpur, 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) JA/- U T