Bachchi Devi And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.38133 of 2017 (3) dt.25-08-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38133 of 2017 Arising Out of PS.Case No. -160 Year- 2017 Thana -GIRIYAK District- NALANDA (BIHARSHARIFF) ======================================================
1. Bachchi Devi W/o Yogendra Kewat
2. Mosafir Kewat Son of Late sita Ram Kewat
3. Vijay Kewat Son of Moshafir Kewat
4. Chunki Devi W/o Nagendra Kewat All Resident of village- Ghora Kotera, P.S.- Giriyak, Distt.- Nalanda At Present petitioner No.-4 is living at Mohall +P.s.- Laheriyasarai, Distt.-Darbhanga .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Samir Kumar Sinha For the Opposite Party/s : Mr. Smt. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-08-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Giriyak P.S. Case No. 160 of 2017 instituted for the offence under Sections-304(B), 201/34 of the Indian Penal Code.
It has been submitted that these petitioners are family members of husband of the deceased. The husband is already in custody.
Learned counsel for the informant has referred to paragraphs-6, 7, 8 & 9 of the case diary and has submitted that there is allegation against these petitioners.
Learned APP has submitted that the witnesses have heard about the occurrence from the villagers.
Patna High Court Cr.Misc. No.38133 of 2017 (3) dt.25-08-2017 From the written report, it appears that there is general and omnibus allegation 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 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 Giriyak P.S. Case No. 160 of 2017 to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Nalanda at Bihar Sharif 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