Binayak Kharwar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20883 of 2018 Arising Out of PS.Case No. -170 Year- 2017 Thana -THAKRAHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Binayak Kharwar, S/o Late Lakshmi Kharwar,

2. Ajay Kharwar S/o binayak Kharwar,

3. Sandhya Devi @ Sangita Devi W/o Ajay Kharwar, All R/o Vill.- Thakaraha Tola Nautan, P.S.- Thakaraha, District- West Champaran.

4. Meera Devi W/o Amarnath Kharwar, R/o Village- Bhelwa, P.S.- Turkpatti, District- Kushi Nagar (U.P.).

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Milind Kumar Mishra For the Opposite Party/s : Mr. Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-04-2018 Heard learned counsel for the petitioners.

Petitioners apprehend their arrest in connection with Thakaraha P.S. Case No. 170 of 2017 registered for the offences punishable under Sections 304B and 34 of the Indian Penal Code. Petitioner no. 1 is father-in-law, petitioner no. 2 is brother-in-law, petitioner no. 3 is Gotni and petitioner No.4 is married daughter-in-law of the deceased.

Submission of learned counsel for the petitioners is that Sarpanch issued a certificate that petitioners were living separately from the husband of the deceased and materials come in the case diary show that o specific allegation is attributed against them.

Patna High Court Cr.Misc. No.20883 of 2018 (2) dt.26-04-2018 2/2 Heard learned APP also, who has opposed the prayer for anticipatory bail of the petitioners stating that deceased died due to burn injuries.

Having heard both sides and in view of the fact that there is general and omnibus allegation against the petitioners and they are in-laws, let petitioners (above named) in the event of their arrest or surrender, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Bagaha, West Champaran, in connection with Thakaraha P.S.Case No. 170 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C. and further condition is that petitioners shall co-operate in investigation and appear before the Investigating Officer as and when required, otherwise prosecution is given liberty to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) spal/- U