Segam Devi And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2879 of 2018 Arising Out of PS.Case No. -191 Year- 2017 Thana -BAUSI District- PURNIA ======================================================
1. Segam Devi, W/o Mohan Sharma @ Mohan Lal Sharma,
2. Mohan Sharma @ Mohan Lal Sharma, S/o Late Sohilal Sharma @ Dhubba Sharma,
3. Sikandar Sharma @ Sikan Sharma, S/o Mohan Sharma @ Mohan Lal Sharma, All R/o Village- Haripur Mandi, Ward No. 8, P.S.- Banmankhi, DistrictPurnea. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Champa Devi, W/o Bannu Lal Sharma, R/o Village- Charaya Colony, P.S.- Baisi, District- Purnea.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajit Ranjan Kumar, Advocate. For the informant : Mr. Vikram Singh, Advocate. For the Opposite Party/s : Mr. Damodar Prasad Tiwary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-01-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Baisi P.S. Case No. 191 of 2017 instituted for the offence under Sections 304(B)/34 of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act.
Learned counsel for the petitioners has submitted that petitioners are parents-in-law and unmarried brother-in-law of the deceased. Husband is already in custody.
Learned counsel for the informant has appeared and
Patna High Court Cr.Misc. No.2879 of 2018 (2) dt.17-01-2018 2/3 submitted that just three days prior to the occurrence, the victim had gone to her Sasural after Panchayti and she was done to death by strangulation by all the accused persons as alleged in the written report.
From perusal of the written report, this Court finds that general and omnibus allegation has been levelled 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 six weeks from today, in connection with Baisi P.S. Case No. 191 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 Chief 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
Patna High Court Cr.Misc. No.2879 of 2018 (2) dt.17-01-2018 3/3 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