Chanchala Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31701 of 2017 Arising Out of PS.Case No. -86 Year- 2017 Thana -BAKHTIYARPUR District- PATNA ======================================================
1. Chanchala Devi, W/o Gautam Prasad, Resident of Village- Pachana Road, Sansar Pokhar, P.S.- Kabaiya, District- Lakhisarai.
2. Ramchandra Prasad, S/o Late Nandu Mahto, Resident of VillageSabani, P.O.- Sabani, P.S.- Bakhtiyarpur, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar No.1 For the Opposite Party/s : Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-07-2017 The petitioners seek regular bail in connection with Bakhtiyarpur P.S. Case No. 86 of 2017, registered for offences punishable under Sections 364/302 and 34 of the Indian Penal Code.
Allegation against the petitioners is of kidnapping the brother of the informant and killing him.
It has been submitted on behalf of the petitioners that save and except suspicion as there was love affair between the grand daughter of petitioner no. 2 and the deceased, there is nothing against the petitioners so as to connect them with the present case. Further petitioner no. 2 is an old person aged about sixty years and petitioner no. 1 is the mausi (aunt) of the girl with
Patna High Court Cr.Misc. No.31701 of 2017 (3) dt.25-07-2017 2/3 whom it is alleged that deceased had love affair. Petitioners are in custody for last five months.
Learned counsel for the State as well as learned counsel for the informant opposed the prayer for bail, however, except suspicion they could not bring any fact to show the involvement of these petitioners.
Having heard both sides, in view of the facts as stated above, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM, Barh, Patna in connection with Bakhtiyarpur P.S. Case No. 86 of 2017, subject to the 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 cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to
Patna High Court Cr.Misc. No.31701 of 2017 (3) dt.25-07-2017 3/3 appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution will be free to move for cancellation of their bail bonds. (Vinod Kumar Sinha, J) sunil/- U T