Lalita Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48315 of 2017 Arising Out of PS.Case No. -116 Year- 2017 Thana -PRANPUR District- KATIHAR ======================================================
1. Lalita Devi, wife of Baijnath Mandal
2. Pratima Devi, wife of Doman Mandal
3. Manorma Devi, wife of Raj Kumar Mandal, all are residents of VillageEnglish, P.S.- Pranpur (Roshna), District- Katihar. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. B. Mishra, Advocate For the Opposite Party/s : Mr. P. Mehta, APP Mr. Ajit Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 17-10-2017 Heard learned counsel for the petitioners and learned APP for the State as well as counsel for the Informant. Petitioners apprehend their arrest in Pranpur (Roshna) P.S. Case No.116 of 2017 instituted for the offence under Section(s) 302/34 Indian Penal Code.
It has been submitted that these petitioners are ladies. There is no specific allegation against the petitioners. In the written report, it is alleged that accused, Baijnath Mandal, had given threat to the Informant that his son will be killed since he had illicit relation with his daughter. It is alleged that the Informant learnt in the village that dead body of his son is hanging in the house of Baijnath Mandal, husband of petitioner no.1.
Petitioners have annexed post mortem report,
Patna High Court Cr.Misc. No.48315 of 2017 (2) dt.17-10-2017 2/2 wherein, doctor has opined cause of death Asphyxia due to hanging. Petitioners are ladies.
Counsel for the Informant has appeared and opposed the prayer of bail.
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Pranpur (Roshna) P.S. Case No.116 of 2017, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar, 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) JA/- U T