Asha Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16953 of 2018 Arising Out of PS. Case No.-331 Year-2017 Thana- MARHAURA District- Saran ======================================================
1. Asha Devi, Wife of Parshuram Rai,
2. Aman Rai @ Aman Kumar @ Pintu Rai, Son of Parshuram Rai, Both are residents of Village- Silhauri, Police StationMarhowrah, District- Saran (Chapra). ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brij Kishor Mishra For the Opposite Party/s :
Mr. Sri Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-05-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Marhowrah P.S. case no. 331 of 2017 instituted for the offence under Section 302/34 of the Indian Penal Code.
Learned counsel for the petitioners submits that marriage of the deceased has taken place with the co-accused Arun Rai about 11 years back. The husband of deceased is already in custody. The petitioners are mother-in-law and brother -in-law of the deceased. There is general and omnibus allegation against these petitioners.
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event
Patna High Court Cr.Misc. No.16953 of 2018(3) dt.08-05-2018 2/2 of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Marhowrah P.S. case no. 331 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Chapra, Dist. Saran, subject to the conditions as laid down under Section 438(2) 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) shyambihari/- U T