Kailu Mahara And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.61108 of 2017 Arising Out of PS.Case No. -58 Year- 2017 Thana -JAYNAGAR District- MADHUBANI ======================================================
1. Kailu Mahara, Son of Banbari Mahara,
2. Ram Kebal Mahara @ Kebal Mahara, Son of Kailu Mahara,
3. Muna Kumar Mahara @ Munna Mahara @ Munna Kumar Mahara @ Kebal Mahara, Son of Ram Kebal Mahara,
4. Sagar Devi, Wife of Kailu Mahara,
5. Mamata Devi, Wife of Ram Kumar Mahara,
6. Rinku Devi, Wife of Ram Dular Mahara,
7. Ram Dular Mahara, Son of Kailu Mahara,
8. Pramila Devi, W/o Ram Chalitar Mahara, Resident of Village- Ramnagar (Ramana) P.S.- Jai Nagar, District- Madhubani. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Sri Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-01-2018 Heard learned counsel for the petitioners and the State. At the very outset, it has been submitted that during pendency of this petition, petitioner No. 1 namely Kailu Mahara has already been arrested. Accordingly, this petition with respect to petitioner No. 1 stands dismissed as withdrawn.
Counsel for the petitioners is permitted to make necessary correction in the name of husband of petitioner No. 5 in the original petition in course of the day.
The petitioner Nos. 2 to 8 apprehend arrest in Jaynagar P.S. Case No. 58 of 2017 instituted for the offence under Sections-302, 201/34 of the Indian Penal Code.
It has been submitted that husband of the deceased is already in
Patna High Court Cr.Misc. No.61108 of 2017 (3) dt.18-01-2018 2/2 custody. These petitioners are family members of husband of the deceased. In the written report, there is general and omnibus allegation against the petitioners.
In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner Nos. 2 to 8 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 bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Jaynagar P.S. Case No. 58 of 2017 to the satisfaction of learned Sub Divisional Judicial Magistrate, Madhubani 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) petitioner Nos.
2 to 8 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 cause, will liable to cancel bail bond of the petitioner Nos. 2 to 8 and (3) if petitioner Nos. 2 to 8 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 petitioner Nos. 2 to 8.
(Sanjay Priya, J) A.K.V./- U T