Patna High CourtCR. MISC./34416/2018bail granted

Baban Jha @ Baban Kumar Jha And ANR v. The State Of Bihar

2018-07-30Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34416 of 2018 Arising Out of PS. Case No.-249 Year-2017 Thana- BAJPATTI District- Sitamarhi ======================================================

1. BABAN JHA @ BABAN KUMAR JHA, Son of Sri Hardeo Jha,

2. Archana Devi, wife of Baban Jha @ Baban Kumar Jha, Both resident of Village- Malni, Police Station- Bajpatti, DistrictSitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Prasad Singh For the Opposite Party/s :

Mr. Sri Nand Kishore Pd ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Bajpatti P.S. case no. 249 of 2017 instituted for the offence under Section(s) 302/34 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that petitioner no.1 is Dewar and petitioner no.2 is Gotani of the deceased. There is general and omnibus allegation against these petitioners.

In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six

Patna High Court Cr.Misc. No.34416 of 2018(3) dt.30-07-2018 2/2 weeks from today in connection with Bajpatti P.S. case no. 249 of 2017, they shall 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 the learned S.D.J.M., Pupri, Sitamarhi subject to the conditions as laid down under Section 438(2) Cr. P.C. with further conditions:(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) shyambihari/- U T