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Patna High CourtCR. MISC./45362/2017bail granted

Sharda Devi v. The State Of Bihar

2018-01-08Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45362 of 2017 Arising Out of PS.Case No. -36 Year- 2017 Thana -KALYANPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Sharda Devi, Wife of Surendra Thakur, a resident of Medan Sirasiya, P.S.- Kalyanpur, District- East Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.40553 of 2017 Arising Out of PS.Case No. -36 Year- 2017 Thana -KALYANPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Reena Devi, Wife of Pramod Sharma, Resident of Village-Sitalpur, P.S.- Chakia District-East Champaran.

.... .... Petitioner/s

Versus

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

(In Cr.Misc. No.45362 of 2017) For the Petitioner/s : Mr. Suresh Mukhiya, Advocate. For the Opposite Party/s : Smt. Renuka Ratnakar, A.P.P. (In Cr.Misc. No.40553 of 2017) For the Petitioner/s : Mr. Suresh Mukhiya, Advocate. For the Opposite Party/s : Mr. Nawal Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-01-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Kalyanpur P.S. Case No. 36 of 2017 instituted for the offence under Sections 304B and 120B of the Indian Penal Code.

It has been submitted that petitioners are mother-in-law

Patna High Court Cr.Misc. No.45362 of 2017 (6) dt.08-01-2018 2/2 and sister-in-law (Nanad) of the deceased. There is no allegation of any specific overt act against the petitioners. The father-in-law of the deceased has already been granted anticipatory bail by this Court vide order dated 7.12.2017 passed in Cr. Misc. 57478 of 2017 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Kalyanpur P.S. Case No. 36 of 2017, they shall be released on anticipatory 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 Chief Judicial Magistrate, Motihari, East Champaran, subject to the conditions as laid down under Section 438 (2) 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 their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond 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) S.Ali/- T