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Patna High CourtCR. MISC./63481/2017bail granted

Bibi Sugali Khatoon And ORS v. The State Of Bihar

2018-02-13Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63481 of 2017 Arising Out of PS.Case No. -220 Year- 2017 Thana -BHAWANIPUR District- PURNIA ======================================================

1. Bibi Sugali Khatoon, Wife of Late Md. Rais,

2. Domi son of Late Md Rais,

3. Md Nehal, Son of Late Md. Rais, Resident of Village Jhankuwa, P.S. Bhawanipur, District Purnea.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate. For the Opposite Party/s : Mr. Panchanand Pandit, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-02-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Bhawanipur P.S. Case No. 220 of 2017 instituted for the offence under Sections 328 and 302/34 of the Indian Penal Code. Learned counsel for the petitioners has submitted that petitioners are mother-in-law and Dewars of the deceased. In the written report there is general and omnibus allegation against these petitioners.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within

Patna High Court Cr.Misc. No.63481 of 2017 (3) dt.13-02-2018 2/2 six weeks from today, in connection with Bhawanipur P.S. Case No. 220 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Purnea, subject to the conditions as laid down under Section 438 (2) 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 their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond 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) S.Ali/- U T