Mithu Saw @ Mithu Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16890 of 2017 Arising Out of PS.Case No. -694 Year- 2016 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ======================================================

1. Mithu Saw @ Mithu Sah, son of Late Padarath Sah @ Late Padarath Sah Saw

2. Rajmati Devi, wife of Shri Mithu Sah @ Mithu Saw, Both resident of Village- Bamahori, Police Station- Deo, District- Aurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sharan Kumar, Sr. Adv. Mr. Dinesh Maharaj, Adv For the Opposite Party/s : Mr. Sri Indra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-04-2017 The petitioners are apprehending their arrest in connection with Hajipur Town P.S. Case No. 694 of 2016, registered for offences punishable under Sections 304(B), 120 and 34 Indian Penal Code.

It has been submitted on behalf of the petitioners that the case is under Section 304B and other Sections of Indian Penal Code and petitioners happen to be father-in-law and mother-in-law respectively and no specific allegation has been attributed to them and during the course of investigation, it has come that they were living separately at Aurangabad whereas their son and the deceased were living at Hajipur.

Patna High Court Cr.Misc. No.16890 of 2017 (2) dt.20-04-2017 2/3 Heard learned A.P.P. also.

Having heard both sides, in view of the fact that only general and omnibus allegation has been levelled against the petitioners, who are father-in-law and mother-in-law and were also living separately from their son, as such, let petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Vaishali, Hajipur in connection with Hajipur Town P.S. Case No. 694 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(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 cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part two appear before the police on two consecutive dates

Patna High Court Cr.Misc. No.16890 of 2017 (2) dt.20-04-2017 3/3 without showing any genuine reasons, the prosecution is will be free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T