Ramchandra Das And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38028 of 2015 Arising Out of PS.Case No. -145 Year- 2015 Thana -RUNISAIDPUR DistrictSITAMARHI =====================================

1. Ramchandra Das, S/o Late Laldhari Das

2. Kalawati Devi, W/o Ramchandra Das

3. Umesh Das @ Umesh Sah, S/o Ramchandra Das All Resident of Village - Bahilwara Dhanushi, P.S. - Runnisaidpur, District - Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s :Mr. Pushpendra Kumar Singh, Adv. For the State :Mr. Ashraf Ansari, A.P.P. ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-09-2015 Heard learned counsel for the petitioners and learned Assistant Public Prosecutor for the State. This application for grant of anticipatory bail arises out of Runnisaidpur P.S. Case No. 145 of 2015, disclosing offences under Sections 302 and 201/34 of the Indian Penal Code.

The informant's daughter was married to the son of petitioner Nos.1 and 2 nearly 11 years before the date of occurrence. Learned counsel, appearing on behalf of the petitioners, submits that there is no allegation of any overt act against these petitioners, which can said to be constituting offence under Section

Patna High Court Cr.Misc. No.38028 of 2015 (2) dt.18-09-2015 2/2 302 of the Indian Penal Code. He has submitted that these petitioners have been implicated in this case only because they are father, mother and younger brother of the husband of the deceased.

In view of the submission aforesaid, this application is allowed.

Let the petitioners, abovenamed, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, in connection with Runnisaidpur P.S. Case No.145 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Praveen-II/- U T