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Patna High CourtCR. MISC./49837/2018bail granted

Sudama Roy And ORS v. The State Of Bihar

2018-08-30Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49837 of 2018 ======================================================

1. Sudama Roy, Son of Late Nand Lal Roy,

2. Laxman Roy, Son of Late Nand Lal Roy,

3. Ruby Devi, Wife of Pappu Roy,

4. Bechu Roy, Son of Laxman Roy @ Babaji,

5. Sajjan Devi, Wife of Laxman Roy,

6. Gulab Roy, Son of Late Mangal Roy,

7. Prabhu Shankar Roy, Son of Gulab Roy, All resident of Village- Nathpur Roy Tola, P.S.- Narpatganj, District- Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Sri Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-08-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Narpatganj P.S.Case no.317 of 2017 , registered for offences punishable under Sections 304/34 of the Indian Penal Code. Petitioner no.1 is father-in-law and rest are Gotia and covillagers. Submission of the learned counsel for the petitioners is that there is general and omnibus allegation against the petitioners and she died due to abdomen pain.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named,

Patna High Court Cr.Misc. No.49837 of 2018 (2) dt.30-08-2018 2/2 in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Araria in connection with Narpatganj P.S.Case no.317 of 2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T