Gaya Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41469 of 2014 Arising Out of PS.Case No. -24 Year- 2014 Thana -SALAIYA District- AURANGABAD ======================================================

1. Gaya Singh Son of Shyam Narayan Singh

2. Chandani Devi Wife of Gaya Singh Both of Resident of VillageChenaee, P.S.-Salaiya, District-Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailesh Kumar Singh For the Opposite Party/s : Mr. Nand Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 30-07-2015 Heard the Counsel for the petitioners and the APP for the State.

Petitioners herein are brother-in-law and sister-in-law of the deceased who was married to the brother of petitioner no. 1 18 years ago. The F.I.R. itself disclosed that all the five brothers were living separately although the angan was common. The brother of the deceased lodged the case that his sister was done to death in the matrimonial home in suspicious circumstances. Contention of the petitioners is that the deceased attempted to commit suicide and was taken to hospital by the petitioners for treatment. Subsequently, the body was disposed of after giving information to the informant.

Learned APP, on going through the case diary, has pointed out that there is material in the investigation report that the

Patna High Court Cr.Misc. No.41469 of 2014 (5) dt.30-07-2015 2/2 deceased afforded treatment and was taken to hospital. Taking into account the aforesaid facts and circumstances of the case, in the event of arrest or surrender in the Court below within four weeks, the petitioners abovenamed are directed to 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, Aurangabad in Salaiya P.S. Case No. 24 of 2014 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions: (i) One of the bailers shall be the own/close family members of the petitioners.

(ii) In case of framing of charge, the petitioners shall appear in person on each and every date fixed in the Court below. In case of default in doing so on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioners and secure their arrest in accordance with law.

(Kishore Kumar Mandal, J) Pankaj/- U