Hulas Das And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42782 of 2015 Arising Out of PS.Case No. -84 Year- 2015 Thana -SIKANDARA District- JAMUI ======================================================

1. Hulas Das, son of Late Karu Das,

2. Chinta Devi, W/o Hulas Das,

3. Kiran Devi, D/o Saudagar Das, all residents of Village - Hariharpur, P.S. - Sikandra, District Jamui.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Satya Prakash Parasar, Advocate For the Opposite Party/s : Ms. Rina Sinha, APP Mr. Pankaj Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 3/ 02-11-2015 Heard learned counsel for the Petitioners and the State.

The Petitioners apprehend their arrest in a case instituted for the offence under Section(s) 302 and other allied Sections of the Indian Penal Code.

Considering that Petitioner Nos.2 and 3 are ladies, it is ordered that in the event of surrender/arrest of the Petitioner Nos.2 and 3, named above, within four weeks from the date of receipt/production of a copy of this order in connection with Sikandra P.S. Case No.84 of 2015, they shall be released on anticipatory bail on furnishing bail bond of `5,000/- (five thousand) each with two sureties of the like amount each or any other surety to be fixed by the court below to the satisfaction of

Patna High Court Cr.Misc. No.42782 of 2015 (3) dt.02-11-2015 2/3 the Judicial Magistrate, 1st class, Jamui, subject to the conditions as laid down under Section 438(2) Cr. P. C. and (i) That one of the bailors will be a close relative of the Petitioners, who will give an affidavit giving genealogy as to how he is related with the Petitioners.

The bailors will undertake to furnish information to the court about any change in the address of the Petitioners, (ii) That the affidavit shall clearly state that the Petitioners are not accused in any other case and, if they are, they shall not be released on bail, (iii) That the bailors shall also state on affidavit that they will inform the court concerned if the Petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse, (iv) That the Petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse, and (v) That the Petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.

So far as Petitioner No.

Patna High Court Cr.Misc. No.42782 of 2015 (3) dt.02-11-2015 3/3 him. His prayer for anticipatory bail is rejected. (Anjana Prakash, J) JA/- U T