Hemlata Devi @ Hamlita Devi And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.40581 of 2017 (2) dt.04-09-2017 - 1 -

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40581 of 2017 Arising Out of PS.Case No. -20 Year- 2017 Thana -HASANPUR District- SAMASTIPUR ======================================================

1. HEMLATA DEVI @ HAMLITA DEVI, wife of Raja Ram,

2. Sarita Kumari @ Sarita Devi, wife of Late Ram Bilash Ra, daughter of Chotelal Ram, Both Resident of Village- Parsa Kamnatol, P.S.- Hasanpur, District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Anand For the Opposite Party/s : Mr. Sri Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-09-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Hasanpur P.S. Case No.20 of 2017 instituted for the offence under Sections 302/201/34 of the Indian Penal Code. There is allegation that the son of the informant was married with Sarita. He was living in Nepal and came to Sasural. The informant learnt that the dead body of his son has been lying in a mango orchard. The informant has suspicion against these petitioners of killing his son and putting the dead body in the orchard. As such, besides suspicion, there is no any allegation against these petitioners.

Patna High Court Cr.Misc. No.40581 of 2017 (2) dt.04-09-2017 - 2 - 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 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 Hasanpur P.S. Case No.20 of 2017 to the satisfaction of learned ACJM-III, Rosera, 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 tampers 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.