Raj Kumar Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38573 of 2017 Arising Out of PS.Case No. -24 Year- 2017 Thana -BAIKUNTHPUR District- GOPALGANJ ======================================================

1. Raj Kumar Sah, Son of Shivnath Sah,

2. Sunita Devi Wife of Raj Kumar Singh, All are resident of VillageKhajuhatti, Police Station- Baikunthpur, District- Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Umesh Kumar Singh For the Opposite Party/s : Mr. Sri Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-08-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Baikunthpur P.S. Case No. 24 of 2017 instituted for the offence under Sections-304(B)/34 of the Indian Penal Code.

The petitioner No. 1 is brother of husband of the deceased and petitioner No. 2 is wife of petitioner No. 1. From the allegation in the written report, it appears that there is general and omnibus allegation against the petitioners. Counsel for the informant opposed the prayer and submitted that there is allegation against these petitioners along with other accused to give threat of committing murder of the informant. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six weeks

Patna High Court Cr.Misc. No.38573 of 2017 (3) dt.29-08-2017 from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Baikunthpur P.S. Case No. 24 of 2017 to the satisfaction of learned Additional Chief Judicial Magistrate-III, Gopalganj subject to condition as laid down u/S 438(2) of the 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) A.K.V./- U T