Patna High CourtCR. MISC./52913/2017allowed

Daya Sah And ORS v. The State Of Bihar

2017-12-14Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.52913 of 2017 (3) dt.14-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52913 of 2017 Arising Out of PS.Case No. -92 Year- 2017 Thana -DUMRA District- SITAMARHI ======================================================

1. Daya Sah S/o Jagrnath Sah

2. Kalo Devi W/o Daya Sah

3. Balla Sah S/o Raghuwar Sah All R/o Village-Muradpur, P.S.-Dumra, District-Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Saroj Kumar, Adv. For the Opposite Party/s : Mr. Sri Tapeshwar Sharma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 14-12-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Dumra Police Station Case No. 92 of 2017, disclosing offences under Sections 304(B) and 201/34 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that there is general and omnibus allegation against these petitioners and no specific overt act is attributed to them. In fact, the petitioners happen to be father-in-law, mother-in-law and grand father-in-law of the deceased and they are living separately. They have no concern with the affairs of the

Patna High Court Cr.Misc. No.52913 of 2017 (3) dt.14-12-2017 deceased and her husband. Moreover, several co-accused having more of less similar allegation have already been granted anticipatory bail by a co-ordinate Bench of this Court in Cr. Misc. No. 30259 of 2017, which is evident from annexeure-2. Hence, the petitioners who are of clean antecedent deserve the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on 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 Chief Judicial Magistrate, Sitamarhi, in connection with Dumra Police Station Case No. 92 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T