Bipin Bind And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.42147 of 2017 (4) dt.08-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42147 of 2017 Arising Out of PS.Case No. -35 Year- 2016 Thana -EKANGARSARAI District- NALANDA (BIHARSHARIFF) ======================================================

1. Bipin Bind, Son of Bhushan Bind,

2. Gopal Bind Son of Bhushan Bind,

3. Sweety Devi W/o Bipin Bind,

4. Savitri Devi W/o Bhushan Bind, All R/o Village- Bishunpur, P.S.- Ekangyar Sarai, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satrudhan Kumar, Advocate For the Opposite Party/s : Mr. Sri Nand Kishore Pd, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 08-11-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Ekangarsarai Police Station Case No. 35 of 2016, G.R. No. 418 of 2016 disclosing offences under Sections 304(B)/34 and 506 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that the petitioners, who are of clean antecedent, are innocent and have not committed any offence. In fact, these petitioners happen to be close relatives being Bhaisur, Devar, Gotani and Nanad respectively and they have not played any role in the

Patna High Court Cr.Misc. No.42147 of 2017 (4) dt.08-11-2017 alleged occurrence. These petitioners have never demanded any dowry nor assaulted the deceased in any manner. Moreover, coaccused, Bhushan Bind and Kanti Devi, having more or less similar allegations have been granted anticipatory bail by different co-ordinate Benches of this Court in Cr. Misc. No.28415 of 2016 and Cr. Misc. No. 38148 of 2016, which is evident from the supplementary affidavit filed by the petitioners. Hence, the petitioners deserve the privilege of anticipatory bail. Considering the facts and circumstances of the case, 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 bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Hilsa Nalanda, in connection with Ekangarsarai Police Station Case No. 35 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T