Bindeshwar Mahto And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42942 of 2016 Arising Out of PS.Case No. -546 Year- 2015 Thana -MAHUA District- VAISHALI (HAJIPUR) =====================================
1. Bindeshwar Mahto, son of Late Durgi Mahto
2. Rita Devi, wife of Bindeshwar Mahto Both residents of Village - Jahangirpur, Salkhani, P.S. - Mahua, District - Vaishali.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ===================================== Appearance :
For the Petitioner/s : Mr. Anish Chandra, Adv. For the Opposite Party/s : Mrs. Meena Singh, APP ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-10-2016 Heard the parties.
This application, for grant of anticipatory bail, arises out of Mahua P.S. Case No. 546 of 2015, disclosing offences under Sections 302/34 of the Indian Penal Code. Petitioner No. 1 is related to father-in-law of the deceased, whereas petitioner No. 2 is the wife of petitioner No. 1. The deceased died in his in-laws' house. Learned counsel for the petitioners has
Patna High Court Cr.Misc. No.42942 of 2016 (2) dt.21-10-2016 2/2 submitted that the First Information Report has been registered nearly 50 days after the death of the deceased. He has further submitted that there is no material basis to implicate these petitioners in this case.
Considering the delay in lodging of the First Information Report, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Mahua P.S. Case No. 546 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J.) Praveen-II/-c U T