Kanchan Kumari And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18731 of 2017 Arising Out of PS.Case No. -198 Year- 2016 Thana -SOHSARAI District- NALANDA (BIHARSHARIFF) ======================================================

1. Kanchan Kumari, W/o Ajay Kumar, R/o Rajeev Nagar, P.S. Rajeev Nagar, Patna.

2. Manish Kumar, S/o Kameshwar Ram, R/o Chandpur Bela, P.S. Jakkanpur, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. B.K.Sinha, Sr. Advocate Mr. Indrajeet Bhushan, Advocate For the Opposite Party/s : Smt. Pronati Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-05-2017 Heard learned counsel for the petitioners.

The petitioners are apprehending their arrest in connection with Sohsarai P.S. Case No. 198 of 2016, registered for offences punishable under Sections 304(B)/34 of the Indian Penal Code.

The petitioner No. 1 is married sister-in-law (Nand) and petitioner No. 2 is unmarried brother-in-law (Dewar) of the deceased and the case is under Section 304 (B) IPC. It has been submitted on behalf of the petitioners that no specific allegation has been attributed against these petitioners and there is general and omnibus allegation and further the

Patna High Court Cr.Misc. No.18731 of 2017 (2) dt.04-05-2017 2/3 deceased died in her Maike. Further, it has been submitted that the petitioner no. 1 is residing separately from the family members of the husband of the deceased.

Heard learned A.P.P. also. Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the fact that there is general and omnibus allegation against the petitioners and they are married sister-in-law (Nanad) and unmarried brother-inlaw (Dewar), let the petitioners, above named, in the event of arrest or surrender before the court below within a period of two weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-VI, Nalanda at Biharsharif in connection with Sohsarai P.S. Case No. 198 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 shall co-operate in the

Patna High Court Cr.Misc. No.18731 of 2017 (2) dt.04-05-2017 3/3 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 his bail.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) S.Pandey/- U T