Hira Lal Singh And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 52425 of 2015 Arising out of P.S. Case No. -2029 Year- 2013 Thana - BHOJPUR COMPLAINT CASE District- BHOJPUR ===================================================

1. Hira Lal Singh, S/o Raj Dayal Singh.

2. Vindhyachal Singh @ Vindhyachal Kumar Singh, S/o Hira Lal Singh.

3. Sanjay Kumar Singh, S/o Hira Lal Singh. All are resident of Village-Angruyan, P.S.-Tiyar, District-Bhojpur (Ara). .... .... Petitioner/s

Versus

The State of Bihar & Anr .... .... Opposite Party/s =================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar, Adv. For the Opposite Party/s: Mr. Ajay Kumar 1 (APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER

02. 10.11.2015 Heard learned counsel for the Petitioners and the State.

The Petitioners are apprehending their arrest in a case registered under Sections 302 and 201/34 of the Indian Penal Code.

Considering that the case was instituted three months after the lady died, let the Petitioners, above named who have fair antecedents be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of four weeks from the date of receipt of the order on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Additional Chief Judicial Magistrate-II, Bhojpur at Ara in connection with

Patna High Court Cr.Misc. No.52425 of 2015 (2) dt.10-11-2015 Complaint Case No. 2029(C) of 2013 (Tr. No. 5595 of 2015) subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also subject to the following conditions:- (i) That one of the bailors will be a close relative of the Petitioners who will give an affidavit giving genealogy as to how he is related with the Petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioners. (ii) That the affidavit shall clearly state that the Petitioners are not accused in any other case and if they are they shall not be released on bail.

(iii) That the bailor shall also state on affidavit that he will inform the court concerned if the Petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iv) That the Petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.

Vikash/- (Anjana Prakash, J.) U T