Binoba Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46975 of 2017 Arising Out of PS.Case No. -25 Year- 2017 Thana -KATORIA District- BANKA ======================================================
1. Binoba Devi Wife of Manoj Yadav
2. Manoj Yadav Son of Late Darshan Yadav
3. Kundan Yadav @ Kundan Kumar S/o Manoj Yadav All Resident of village- Tulsibaran, P.S.- Katoria, District Banka .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shree Niwas Singh For the Opposite Party/s : Mr. Sri Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-10-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Katoria P.S. Case No. 25 of 2017 instituted for the offence under Sections-304B/34 of the Indian Penal Code.
It has been submitted that husband of the deceased is in custody. These petitioners are father-in-law and Devar of the deceased. In the written report, there is general and omnibus allegation against the petitioners.
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
Patna High Court Cr.Misc. No.46975 of 2017 (2) dt.13-10-2017 2/2 sureties of the like amount each in connection with in Katoria P.S. Case No. 25 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Banka 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