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Patna High CourtCR. MISC./12131/2018bail granted

Sanjan Kumar Sah And ORS v. The State Of Bihar

2018-04-06Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12131 of 2018 Arising Out of PS.Case No. -361 Year- 2017 Thana -MAUZAHIDPUR District- BHAGALPUR ======================================================

1. Sajan Kumar Sah, son of Ajay Sah @ Ajay Kumar Sah,

2. Ajay Sah @ Ajay Kumar Sah, son of Late Bhuneshwar Sah

3. Latto Devi, wife of Ajay Sah @ Ajay Kumar Sah, All resident of Village- Aliganj, P.S. Babarganj, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Praveen Kumar Agrawal, Advocate. For the informant : Mr. Swapnil Kumar Singh, Advocate. For the Opposite Party/s : Mr. Rajeev Nayan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-04-2018 Learned counsel for the petitioners is permitted to make necessary correction in the name of petitioner No. 1 during course of the day.

Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Mojahidpur (Babarganj) P.S. Case No. 361 of 2017 instituted for the offence under Sections 304B/34 of the Indian Penal Code. It has been submitted that petitioners are Bhainsur and parents-in-law of the deceased. Husband of the deceased is already in custody.

From the written report it appears that there is general

Patna High Court Cr.Misc. No.12131 of 2018 (3) dt.06-04-2018 2/2 and omnibus allegation against the petitioners. 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 Mojahidpur (Babarganj) P.S. Case No. 361 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, Bhagalpur, 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/- U T