Rajeshwar Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62441 of 2017 Arising Out of PS.Case No. -151 Year- 2017 Thana -GAUTAMBUDHNAGAR District- SIWAN ======================================================

1. Rajeshwar Sah, S/o Late Jawahir Lal Sah

2. Rina Devi, W/o Rajeshwar Sah, Both resident of Village- Kala Dumra, P.S.- G.B. Nagar Tarwara, DistrictSiwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Yogendra Prasad Sinha, Advocate. For the Opposite Party/s : Mr. Anil Kumar Singh 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-12-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in G.B. Nagar P.S. Case No. 151 of 2017 instituted for the offence under Sections 304(B)/34 of the Indian Penal Code.

From the written report it appears that there is general and omnibus allegation against these petitioners. It has been submitted that petitioners are parents-inlaw of the deceased. It is mentioned in paragraph-3 of the bail petition that petitioners have no criminal antecedent.

Considering the facts and circumstances of the case,

Patna High Court Cr.Misc. No.62441 of 2017 (2) dt.21-12-2017 2/2 prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with G.B. Nagar P.S. Case No. 151 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 learned Chief Judicial Magistrate, Siwan, 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners 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) S.Ali/- U T