Shanti Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3787 of 2015 Arising Out of PS.Case No. -69 Year- 2014 Thana -PANAPUR District- SARAN ======================================================

1. Shanti Devi, wife of Babu Ram Sah

2. Babu Ram Sah, son of late Amla Sah Both are resident of village Moriya, P.S. Panapur, Distt. Saran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Singh, Adv. For the Opposite Party/s : Mr. Binod Kumar No. 3 (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 29-01-2015 Heard learned counsel for the Petitioners and the State.

The Petitioners seek anticipatory bail in a case instituted for the offence under Sections 304B, 201 and 34 of the Indian Penal Code.

Considering that the Petitioners are parents-in-law of the deceased and the charge sheet was submitted under Section 302 Indian Penal Code which does not entitle the Prosecution to raise presumption against the accused persons and there is no direct evidence against them, let the Petitioners in the event of surrender, named above, within four weeks from the date of receipt of this order, in connection with Panapur P.S. Case No. 69 of 2014, be released on anticipatory bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like

Patna High Court Cr.Misc. No.3787 of 2015 (2) dt.29-01-2015 2/2 amount each or any other surety to be fixed by the Court concerned to the satisfaction of Sri A.K. Singh, Judicial Magistrate, Saran, Chapra, subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners. (ii) That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (iii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. (Anjana Prakash, J) S.Ali/- U T