Hazari Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18460 of 2017 Arising Out of PS.Case No. -156 Year- 2016 Thana -SARAI District- VAISHALI(HAJIPUR) ======================================================
1. Hazari Sah, Son of Late Paltu Sah,
2. Laxmi Devi, Wife of Hazari Sah,
3. Chunchun Sah , Son of Hazari Sah,
4. Akhilesh Sah, Son of Hazari Sah, All Resident of Village- Anwarpur, P.S.- Sarai, District- Vaishali.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar For the Opposite Party/s : Mr. Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-05-2017 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Sarai P.S. Case No. 156 of 2016 instituted for the offence under Section (s) 304B/34 of the Indian Penal Code.
It has been submitted on behalf of the petitioners that petitioners are father-in-law, mother-in-law and brothers-in-law (Bhaisur) of the deceased. The petitioners are living separately with the husband of the victim namely Munna Sah. They have no concern with the family affairs of Munna Sah and his deceased wife.
From the written report itself, it appears that general and omnibus allegation has been levelled against these
Patna High Court Cr.Misc. No.18460 of 2017 (2) dt.16-05-2017 2/2 petitioners.
In the facts and circumstances of the case, the prayer of the petitioners for anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, above named, within six weeks from today in connection with Sarai P.S. Case No. 156 of 2016, 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 Additional Chief Judicial Magistrate, XIII, Vaishali at Hajipur, subject to the conditions as laid down under Section 438(2) of 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) Shageer/- U T