Raj Kumar Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37660 of 2017 Arising Out of PS.Case No. -157 Year- 2017 Thana -SAMASTIPUR MUFFASIL DistrictSAMASTIPUR ======================================================

1. Raj Kumar Rai, Son of Late Ramnandan Rai,

2. Munni Devi W/o Raj Kumar Rai, Both are R/o Village- Panchrukhi, P.S.- Samastipur (Muffasil), District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Choudhary Shyam Nandan For the Opposite Party/s : Mr. Sri Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-09-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Samastipur Muffasil P.S. Case No. 157 of 2017 instituted for the offence under Sections304B/34 of the Indian Penal Code. It has been submitted that the husband of the deceased has not been made accused in this case by the informant, who is father of the deceased. Petitioners are parents-in-law and with a view to harass them, the informant has implicated them in the case. From the written report, it appears that there is general and omnibus allegation against the 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.37660 of 2017 (3) dt.04-09-2017 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 Samastipur Muffasil P.S. Case No. 157 of 2017 to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Samastipur 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