Kushum Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49149 of 2017 Arising Out of PS.Case No. -80 Year- 2017 Thana -DIDARGANJ District- PATNA ======================================================
1. Kushum Devi (SAS), Wife of Suresh Yadav.
2. Suresh Yadav (Sasur), Son of Late Shyam Kishore Yadav.
3. Vijay Yadav (Bhasur), Son of Suresh Yadav.
4. Devanand Yadav (Devar) Son of Suresh Yadav.
5. Sanju Devi (Nanad), daughter of Suresh Yadav. All resident of VillageMadhopur, P.S. Didarganj, Dist.- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bindeshwar Prasad Singh For the Opposite Party/s : Mr. Sri Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-11-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Didarganj P.S. Case No. 80 of 2017 instituted for the offence under Sections-328, 304(B), 34 of the Indian Penal Code.
It has been submitted that petitioners are mother-in-law, father-in-law, Bhaisur, Devar and Nanad of the deceased. A compromise petition has also been filed in the court below. From the written report, it appears that general and omnibus allegation has been levelled against these petitioners. 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
Patna High Court Cr.Misc. No.49149 of 2017 (3) dt.01-11-2017 2/2 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 sureties of the like amount each in connection with in Didarganj P.S. Case No. 80 of 2017 to the satisfaction of Sri Anant Kumar, learned Judicial Magistrate, Patna City, Patna 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