Suman Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8627 of 2017 Arising Out of PS.Case No. -166 Year- 2016 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Suman Devi, wife of Jaishankar Prasad @ Jai Shankar Sah,
2. Jaishankar Prasad @ Jaishankar Sah, son of Late Ramchandra Sah, Both residents of Village- Jagapakarh, P.S.- Harsidhi, District- East Champaran. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ravi Bhusan Pd., Advocate For the Opposite Party/s : Mr. Dhurendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-03-2017 This is an application for grant of anticipatory bail for offences punishable under Sections of the Indian Penal Code. Heard learned counsel for the petitioners.
It has been submitted on behalf of the petitioners that petitioners are father-in-law and mother-in-law and the husband has already been granted regular bail by a Bench of this Hon'ble Court.
Heard learned A.P.P. as well as learned counsel for the informant. Learned counsel for the informant submits that the husband was granted provisional bail on the condition that court below will take appropriate steps for reconciliation between the parties. But up-till-now no steps have been taken. There is
Patna High Court Cr.Misc. No.8627 of 2017 (3) dt.03-03-2017 2/3 allegation against petitioner no. 1 of assault upon the informant. Having heard both sides and from perusal of the record it appears that there is allegation of assault against petitioner no. 1. So far petitioner no. 2 is concerned, there is general and omnibus allegation against him.
Considering the facts stated above, let above named petitioner no. 2 , in the event of arrest or surrender within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty-five thousand only) with two sureties of the like amount each to the satisfaction of learned C.J.M., East Champaran at Motihari, in connection with Harsidhi P.S. Case no. 166 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and also subject to the conditions that
(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the investigation and make himself available before the police as and when required.
So far petitioner no. 1 is concerned, who is motherin-law, may surrender in the court below and make prayer for regular bail which shall be considered taking into account the fact that both husband of the deceased and father-in-law have been
Patna High Court Cr.Misc. No.8627 of 2017 (3) dt.03-03-2017 3/3 granted bail and dispose of the same without being prejudiced by the order of this Court.
Accordingly, the application stands disposed of. (Vinod Kumar Sinha, J) sudip/- U T