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Patna High CourtCR. MISC./58406/2017allowed

Mala Devi And ANR v. The State Of Bihar

2018-03-05Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58406 of 2017 Arising Out of PS.Case No. -138 Year- 2017 Thana -KASBA District- PURNIA ======================================================

1. Mala Devi, wife of Shankar Sah,

2. Shankar Sah, son of Late Jiwachh Sah, both resident of villageGarhbanaili, P.S. Kasba, District Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s : Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 05-03-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Kasba P.S. Case No.138 of 2017 instituted for the offence under Section(s) 304-B/34 Indian Penal Code.

Counsel for the petitioners has submitted that petitioners are parents-in-law of the deceased. They have no concern with the affairs of the deceased and her husband. In the written report there is general and omnibus allegation against the petitioners.

In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Kasba P.S. Case

Patna High Court Cr.Misc. No.58406 of 2017 (4) dt.05-03-2018 2/2 No.138 of 2017, 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 the Chief Judicial Magistrate, Purnea, 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 their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bonds 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) JA/- U T