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Patna High CourtCR. MISC./52253/2017bail granted

Kiran Devi And ANR v. The State Of Bihar

2018-01-12Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52253 of 2017 Arising Out of PS.Case No. -144 Year- 2014 Thana -HARNAUT District- NALANDA (BIHARSHARIFF) ======================================================

1. Kiran Devi, Wife of Satyendra Prasad,

2. Guriya Kumari alias Guriya Devi, Daughter of Satyendra Prasad, Both resident of Village- Cheran, P.S.- Harnaut, District- Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar, Advocate. For the State : Dr. Rabindra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-01-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Harnaut P.S. Case No. 144 of 2014 instituted for the offence under Sections 304(B)/34 of the Indian Penal Code.

It is alleged in the written report that altercation took place between husband and wife. The son-in-law of the informant has assaulted the daughter of the informant which was informed to the informant on telephone by his daughter.

It has been submitted that petitioners are mother-in-law and Nanad of the deceased. It has further been submitted that other coaccused person has already been granted anticipatory bail by this Court vide order dated 01.12.2017 passed in Cr. Misc. 56876 of 2017. In the written report, there is no specific allegation against this petitioner.

Patna High Court Cr.Misc. No.52253 of 2017 (3) dt.12-01-2018 2/2 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 Harnaut P.S. Case No. 144 of 2014, 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 Additional Chief Judicial Magistrate, Nalanda at Biharsharif, 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 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) S.Ali/- U T