Prabhawati Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36308 of 2017 Arising Out of PS.Case No. -162 Year- 2016 Thana -SANGRAMPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Prabhawati Devi, wife of Pannalal Sah.
2. Pannalal Sah, son of late Thakur Sah, All residents of village- Parsauna, P.S.- Sangrampur, District- East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate For the Opposite Party/s : Mr. Chandrasen Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-08-2017 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Sangrampur P.S. Case No. 162 of 2016 instituted for the offence under Sections 302, 328 and 34 of the Indian Penal Code. It has been submitted that petitioners are parents-inlaw of the daughter of the informant. There is general and omnibus allegation that accused persons administered poison to the daughter of the informant.
From the written report, it appears that there is no allegation of specific overt act against the petitioners. Considering the facts and circumstances of the case,
Patna High Court Cr.Misc. No.36308 of 2017 (2) dt.08-08-2017 2/2 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 in Sangrampur P.S. Case No. 162 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 Additional Chief Judicial Magistrate, Motihari, East Champaran, 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) S.Ali/- U T