Praveen Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54418 of 2017 Arising Out of PS.Case No. -367 Year- 2017 Thana -SAUR BAZAR District- SAHARSA ======================================================
1. Praveen Kumar, Son of Late Sushil Sahni,
2. Arti Devi W/o Praveen Kumar,
3. Rahul Kumar @ Arahul Kumar Son of Late Sushil Sahni,
4. Sonam Kumari D/o Late Sushil Sahni, All are R/o Village- Ajgewa, P.S.- Chousa, District- Madhepura.
5. Amar Kumar Son of Ram Gulam Sahni.
6. Saraswati Devi W/o Amar Kumar, Both are R/o Malgodaun Road, P.S.- Khagaria, District- Khagaria.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Viveka Nandsingh, Advocate For the Opposite Party/s : Mr. Mustaque Alam, 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 Sour Bazar P.S. Case No. 367 of 2017 instituted for the offence under Sections 304B/34 of the IPC and 3⁄4 of the Dowry Prohibition Act. It has been submitted on behalf of the petitioners that they are family members of the husband of the deceased and were living separately from the deceased. The occurrence has taken place in the government quarter of the husband of the deceased who is Junior Engineer in the Water Resources Department, Supaul and the deceased was living with her husband, who is already in custody.
Patna High Court Cr.Misc. No.54418 of 2017 (2) dt.14-11-2017 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) each with two sureties of the like amount in connection with Sour Bazar P.S. Case No. 367 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Saharsa 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