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Patna High CourtCR. MISC./63452/2017bail granted

Sampatiya Devi And ORS v. The State Of Bihar

2018-02-06Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63452 of 2017 Arising Out of PS.Case No. -265 Year- 2017 Thana -AADAPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sampatiya Devi, Wife of Sonalal Giri @ Sonelal Giri,

2. Sonalal Giri @ Sonelal Giri, Son of Late Vidya Giri @ Vidha Giri,

3. Vijay Giri @ Bijay Giri, Son of Sonalal Giri @ Sonelal Giri, All residents of Village- Kanuniya, P.S.- Adapur, District- East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abhishek Kumar @ Sonu Babu, Advocate. For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-02-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Adapur P.S. Case No. 265 of 2017 instituted for the offence under Sections 304B, 201 and 34 of the Indian Penal Code.

It has been submitted that petitioners are parents-inlaw and Dewar of the deceased. From the written report it appears that there is general and omnibus allegation against these petitioners. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within

Patna High Court Cr.Misc. No.63452 of 2017 (3) dt.06-02-2018 2/2 six weeks from today, in connection with Adapur P.S. Case No. 265 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 Sub Divisional Judicial Magistrate, Raxaul, Motihari, East Champaran, 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 bond 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