Mithu Singh Yadav And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4817 of 2017 Arising Out of PS.Case No. -157 Year- 2016 Thana -BHABHU(KAIMUR) COMPLAIN C DistrictBHABHUA (KAIMUR) ======================================================
1. Mithu Singh Yadav S/O Late Khannu Yadav
2. Lalti Devi W/O Mithu Singh Yadav
3. Dharmendra Singh Yadav S/O Mithu Singh Yadav All are residents of village Bhairopur, P.O. Uchori , P.S. Khanpur , district Gajipur (U.P.) .... .... Petitioner/s
Versus
1. The State of Bihar
2. Sangita Devi W/O Santosh Yadav resident of village Bhairopur, P.O. Uchori , P.S. Khanpur , district Gajipur (U.P.). At present address resident of village Rohua, P.S. Durgawti, District Kaimur at Bhabua .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Uday Pratap Singh, Advocate For the Opposite Party/s : Mr. Sri Anil Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-02-2017 Heard the parties.
This application has been filed in connection with Complaint Case No. 157 of 2016 corresponding to Trial No. 394 of 2016 for the offence under Section 498A of the Indian Penal Code.
It has been submitted on behalf of the petitioners that petitioner No. 1 is father-in-law, petitioner No. 2 is mother-in-law and petitioner No. 3 is brother-in-law and no specific allegation has been alleged against them.
Heard learned A.P.P. also.
Having heard both sides. In view of the fact that there is no specific allegation against the petitioners, let the petitioners, above named, in the event of arrest or surrender before the court below
Patna High Court Cr.Misc. No.4817 of 2017 (2) dt.14-02-2017 2/2 within a period of six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Complaint Case No. 157 of 2016 corresponding to Trial No. 394 of 2016, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
With 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 co-operate in the investigation of the case and make themselves available as and when required by the Police otherwise the prosecution is free to move for cancellation of their bail.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) Vats/- U T