Babulal Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54439 of 2017 Arising Out of PS.Case No. -128 Year- 2017 Thana -SAHEBGANJ District- MUZAFFARPUR ======================================================

1. Babulal Sah, son of Late Dharichan Sah

2. Gita Devi, w/o Babu Lal Sah

3. Anil Kumar, son of Bhagwan Sah

4. Guddu Kumar @ Sunil Kumar, son of Bhagwan Sah

5. Parvati Devi, w/o Bhagwan Sah, all are resident of village - Aasha Patti, Parshuani, P.S. Sahebganj, District-Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Ms. Jyotsna Rani Mishra, Advocate For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 14-11-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Sahebganj P.S. Case No. 128 of 2017 instituted for the offence under Sections 304(B), 201/34 of the IPC.

It has been submitted on behalf of the petitioner that petitioners are family members of the husband of the deceased. From the written report itself, it appears that there is general and omnibus allegation against all the petitioners. It is mentioned in para-3 of this petition that the petitioners have clean antecedent. 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

Patna High Court Cr.Misc. No.54439 of 2017 (2) dt.14-11-2017 2/2 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) each with two sureties of the like amount in connection with Sahebganj P.S. Case No. 128 of 2017 to the satisfaction of learned Additional Chief Judicial Magistrate, Muzaffarpur, West, 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 bonds of the petitioners and

(3) if the 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) khushbu/- U T