Patna High CourtCR. MISC./40517/2017bail granted

Satyendra Pal And ANR v. The State Of Bihar

2017-09-04Mr. Justice Sanjay Priya2 pages

Patna High Court Cr.Misc. No.40517 of 2017 (2) dt.04-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40517 of 2017 Arising Out of PS.Case No. -44 Year- 2015 Thana -KUTUMBA District- AURANGABAD ======================================================

1. Satyendra Pal

2. Devendra Pal Both Son of Ram Pati Pal All Residents of Village- Samda, P.S. Kutumba District Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kamlendra Pd. Singh For the Opposite Party/s : Mr. Sri Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-09-2017 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioner apprehend their arrest in connection with Kutumba P.S. Case No.44 of 2015 instituted for the offence under Sections 201, 304(b)/34 of the Indian Penal Code. It has been submitted that petitioners are Dewar and Bhaisur of the deceased. The police after investigation submitted final form in the case but the Court below has taken cognizance against the petitioner also with other accused. The husband of the deceased has already been granted bail by coordinate Bench of this Court vide order dated 19.05.2016 passed in Cr. Misc. No.19437 of 2016.

In such circumstances, prayer for anticipatory bail is

Patna High Court Cr.Misc. No.40517 of 2017 (2) dt.04-09-2017 allowed and it is ordered that all 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) each with two sureties of the like amount each in connection with Kutumba P.S. Case No.44 of 2015 to the satisfaction of learned Judicial Magistrate, Ist Class, Aurangabad, 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 tampers 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) Sanjeev/- U