Jammu Rai @ Jamu Rai And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52642 of 2017 Arising Out of PS.Case No. -122 Year- 2017 Thana -BANIAPUR District- SARAN ======================================================
1. Jammu Rai @ Jamu Rai
2. Shankar Rai
3. Binod Rai All sons of late Yadu Rai .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajeev Kumar, Advocate For the Opposite Party/s : Smt. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-11-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Section 302/34 of the Indian Penal Code.
Allegation against the petitioners is that husband of the informant was allegedly assaulted by the petitioners as a result whereof he died.
Some other similarly situated co-accused have already been allowed anticipatory bail by a coordinate Bench of this Court in Cr. Misc. No.34738 of 2017 wherein it was noticed that post mortem report did not reveal any external injury on the person of the deceased.
Patna High Court Cr.Misc. No.52642 of 2017 (2) dt.09-11-2017 P2/ Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Baniyapur Police Station Case No. 122 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (Birendra Kumar, J) Mkr./- U T