Meena Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58705 of 2017 Arising Out of PS.Case No. -636 Year- 2016 Thana -KHAGARIA District- KHAGARIA ======================================================
1. Meena Devi, Wife of Ramprabhati Mandal,
2. Kanchan Kumari, Wife of Late Ganesh Kumar @ Deepak Kumar,
3. Ramprabhati Mandal, Son of Late Mukho Mandal,
4. Jaydeep Mandal, Son of Ramprabhati Mandal, All resident of VillageTetarabad Chandpura, P.S.- Khagaria (Gangaur), District- Khagaria. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Sumiran Rai, Advocate For the Opposite Party/s : Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-01-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Khagaria (Gangaur) P.S. Case No. 636 of 2016 instituted for the offence under Sections 306/34 of the IPC.
Learned counsel for the petitioner has submitted that from perusal of the FIR itself, it appears that marriage of son of the informant (since deceased) was solemnized 6 years ago with petitioner no. 2, Kanchan Devi and they were leading happy conjugal life at Gandhi Dham, Gujarat and a female child was born out of that wedlock and till 5-6 years no any complain was made either by the informant or his family members about the dispute between wife and husband. It is alleged in the written report that on the date of occurrence when wife did not become ready to go with husband (since deceased) to his house from her Mayka, he could not bear that
Patna High Court Cr.Misc. No.58705 of 2017 (3) dt.18-01-2018 2/2 situation and committed suicide by coming in front of running train.
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 date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Khagaria(Gangaur) P.S. Case No. 636 of 2016 to the satisfaction of learned Judicial Magistrate 1st, Khagaria 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 dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioners and (3) if the petitioners tampers 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) khushbu/- U T