Chhathhu Pandit And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29940 of 2017 Arising Out of PS.Case No. -411 Year- 2016 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Chhathhu Pandit, Son of Late Ram Jatan Pandit,
2. Kunti Devi, W/o Chhathhu Pandit, Both Resident of Village- Chargahan, Police Station- Turkauliya, DistrictEast Champaran at Motihari.
3. Ram Surat Pandit, Son of Punyadeo Pandit,
4. Punyadeo Pandit, Son of Late Mahadeo Pandit, Both Residents of Village- Siswa Patna, Police Station- Kesariya, DistrictEast Champaran at Motihari. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ravi Shanker Pankaj, Advocate. For the Opposite Party/s : Mr. Umanath Mishra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-07-2017 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Turkauliya P.S. Case No. 411 of 2016 instituted for the offence under Sections 304(B), 201 and 120(B) of the Indian Penal Code. It has been submitted on behalf of the petitioners that petitioners No. 1 and 2 are elder brother and sister-in-law of the husband of the deceased, petitioner No. 4 is Nandosi of the deceased and petitioner No. 3 is son of petitioner No. 4. It has further been submitted that occurrence took place on 30.1.2005
Patna High Court Cr.Misc. No.29940 of 2017 (2) dt.12-07-2017 2/3 whereas the complaint has been lodged on 3.2.2005 which was sent to Police Station under Section 156(3) Cr. P.C. and, thereafter, this case has been registered on 5.9.2016. It is alleged in the complaint that complainant got information that his daughter has been done to death by burning in her sasural by the accused persons.
From the complaint petition it appears that there is general and omnibus allegation against the petitioners Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Turkauliya P.S. Case No. 411 of 2016, 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 learned Chief Judicial Magistrate, East Champaran at Motihari, 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
Patna High Court Cr.Misc. No.29940 of 2017 (2) dt.12-07-2017 3/3 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) S.Ali/- U T