Raj Kumar Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22940 of 2018 Arising Out of PS.Case No. -181 Year- 2017 Thana -PIPRA District- SUPAUL ======================================================

1. Raj Kumar Sah Son of Late Kunji Lal Sah

2. Fuliya Devi @ Fulo Devi Wife of Raj Kumar Sah both resident of Village - Bailokhra, Police Station - Pipra, District - Supaul. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun, Advocate For the Opposite Party/s : Mr. Sri Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 25-04-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners are apprehending their arrest in connection with Pipra P.S. Case No. 181 of 2017 registered for the offences punishable under Sections 304B, 328/34 of the Indian Penal Code. It is submitted on behalf of the petitioners that the allegations made in the FIR are general and omnibus as no specific allegation has been attributed to the petitioners who are father-inlaw and mother-in-law of the deceased. It is submitted that the FIR was lodged merely on the basis of hearsay statement. The same is evident from the petition filed on 30.11.2017 by the opposite party which is Annexure 2 to the application for anticipatory bail. The husband of the deceased is in custody since 31.09.2017. It is also submitted that charge sheet has also been submitted in this case.

Patna High Court Cr.Misc. No.22940 of 2018 (2) dt.25-04-2018 2/2 Prior to the instant case the petitioners have no criminal antecedent.

In the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. Let the above named petitioners, in the facts and circumstances of the case, in the event of their arrest or surrender within six weeks from today, be released on bail on his furnishing bonds of Rs 10,000.- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate III, Supaul in Pipra P.S. Case No. 181 of 2017 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code.

(i) That one of the bailors will be a close relative of the Petitioners who will give an affidavit giving genealogy as to how he is related with the Petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioners.

(ii) That the Petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U