Shivnath Sah And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50207 of 2017 ======================================================
1. Shivnath Sah, Son of Muni Sah,
2. Urmila Devi W/o Shivanath Sah, Both R/o Village- Khajuhati, P.S.- Baikunthpur, District- Gopalganj.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mritunjay Prasad Singh For the Opposite Party/s : Mr. Sri Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-11-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Baikunthpur P.S. Case No. 24 of 2017 instituted for the offence under Sections-304B/34 of the Indian Penal Code.
It has been submitted that petitioner Nos. 1 & 2 are father and mother of husband of the deceased respectively. From the written report, it appears that there is general and omnibus allegation against these petitioners. C.D. has been received.
Learned APP after perusing the case diary has submitted that there is general and omnibus allegation against these petitioners. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six weeks from the
Patna High Court Cr.Misc. No.50207 of 2017 (4) dt.27-11-2017 date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Baikunthpur P.S. Case No. 24 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Gopalganj 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 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) A.K.V./- U T