Sri Nath Bhagat And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22043 of 2018 Arising Out of PS.Case No. -257 Year- 2017 Thana -PALIGANJ District- PATNA ======================================================

1. Sri Nath Bhagat, S/o Late Babulal Bhagat

2. Yasoda Devi @ Jeera Devi, W/o Sri Nath Bhagat, Both are resident of Village- Milki, P.S.- Paliganj, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjeeb Kumar Sanju For the Opposite Party/s : Mr. Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-05-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Paliganj P.S.Case no.257 of 2017 , registered for offences punishable under Sections 304B, 201/34 of the Indian Penal Code. Petitioners happen to be father-in-law and the mother-inlaw. The case is of dowry death. Submission of the learned counsel for the petitioners is that they had informed the informant also about the death and the dead body was cremated in their presence and moreover, they are father-in-law and mother-in-law. No specific allegation has been attributed against them and the allegations are general and omnibus.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.22043 of 2018 (3) dt.16-05-2018 2/2 circumstances, as stated above , let the petitioners, above named, 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 S.D.J.M., Danapur in connection with Paliganj P.S.Case No.257 of 2017 (G.R.No.3417 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