Patna High CourtCR. MISC./43469/2016bail granted

Bhuttu Ram @ Shyamdeo Ram And ORS v. The State Of Bihar

2017-02-16Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43469 of 2016 Arising Out of PS.Case No. -101 Year- 2015 Thana -MOKAMAH District- PATNA ======================================================

1. Bhuttu Ram @ Shyamdeo Ram, s/o late Saryug Ram,

2. Geeta Kumari,

3. Sanju Kumari @ Sanju Kumar, both are d/o Shri Bhuttu Ram @ Shyamdeo Ram, all are resident of village- Barahpur, P.O.- Mor, P.S.- Mokama, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shri Prakash Srivastava, Advocate For the Opposite Party/s : Mr. Ramesh Chandra,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 16-02-2017 Heard learned counsel for the Petitioners and the State.

The Petitioners apprehend their arrest in Mokama P.S. Case No.101 of 2015 instituted for the offence under Section(s) 302, 201/34 Indian Penal Code.

It has been submitted that one of the co-accused, Rani Devi, has been granted anticipatory bail by a co-ordinate Bench of this Court by order dated 29.01.2016 passed in Cr. Misc. No.57113 of 2015. It is further submitted that the case of the petitioner Nos.2 and 3, who are younger sisters of Anil Ram, is on same footing with that of Rani Devi, who has been granted bail by a co-ordinate Bench of this Court.

In the aforesaid circumstances, it is ordered that in

Patna High Court Cr.Misc. No.43469 of 2016 (3) dt.16-02-2017 2/2 the event of surrender/arrest of the petitioner Nos. 2 and 3, named above, within six weeks from today in connection with Mokama P.S. Case No.101 of 2015, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Barh, Patna, subject to the conditions as laid down under Section 438(2) Cr. P. C.

So far as petitioner No.1 (Bhuttu Ram @ Shyamdeo Ram) is concerned, looking into serious and specific allegation in the written report against him, this Court is not inclined to grant him anticipatory bail.

Prayer of petitioner No.1 (Bhuttu Ram @ Shyamdeo Ram) for grant of anticipatory bail is rejected. The petitioner No.1 may surrender before the Court below and seek regular bail, which shall be considered and disposed of on its own merit without being prejudiced by this order.

(Sanjay Priya, J) JA/- U T