Patna High CourtCR. MISC./49302/2017bail granted

Bhuili Devi And ORS v. The State Of Bihar

2017-11-06Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49302 of 2017 Arising Out of PS.Case No. -181 Year- 2017 Thana -SONBERSA District- SITAMARHI ======================================================

1. Bhuili Devi, S/o Ram Naresh Rai,

2. Manoj Rai @ Manoj Kumar Rai, S/o Ram Naresh Rai,

3. Ram Naresh Rai @ Naresh Rai S/o Late Gena Rai, All R/o VillagPakariya, P.S.- Sonbarsa, District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Sri Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-11-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Sonbarsa P.S. Case No. 181 of 2017 instituted for the offence under Sections-304B, 302, 201/34 of the Indian Penal Code.

It has been submitted that petitioners are family members of the husband of the deceased. They have no concern with the affairs of husband of the deceased. There is general and omnibus allegation against the petitioners in the complaint which is basis of the FIR. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties

Patna High Court Cr.Misc. No.49302 of 2017 (3) dt.06-11-2017 of the like amount each in connection with Sonbarsa P.S. Case No. 181 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi subject to condition as laid down u/S 438(2) of the 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) A.K.V./- U T