Rakesh Kumar @ Mukesh Kumar And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52791 of 2017 Arising Out of PS.Case No. -271 Year- 2015 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Rakesh Kumar @ Mukesh Kumar S/o Late Arjun Pandit

2. Santosh Kumar @ Avinash Kumar S/o Late Arjun Pandit

3. Parwati Devi Wife of Late Arjun Pandit All Resident of villagePaijawapar, Police Station- Barh, District- Patna .... .... Petitioner/s

Versus

1. The State of Bihar

2. Lalo Yadav S/o Late Paghundan Yadav R/O village- Lakchhuchak, P.S.- Belchi, District- Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gajanan Mishra For the Opposite Party/s : Mr. Sri Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-12-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Complaint Case No. 271C of 2015 instituted for the offence under Sections-498A, 304(B), 302, 201 of the Indian Penal Code.

Petitioners are brothers-in-law and sister in law of the deceased. The husband has already been granted anticipatory bail by a coordinate bench of this court vide order dated 23-11-2017 passed in Cr. Misc. No. 55409 of 2017.

It has been submitted that earlier police case was registered and police submitted final form in the case and thereafter, on the basis of protest-cum-complaint petition, cognizance has been taken against these petitioners and other accused persons.

Patna High Court Cr.Misc. No.52791 of 2017 (3) dt.07-12-2017 2/2 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 in Complaint Case No. 271C of 2015 to the satisfaction of learned Additional Chief Judicial Magistrate-II, Barh, Patna 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