Nanhaku Sah And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.59154 of 2017 Arising Out of PS.Case No. -173 Year- 2015 Thana -BARGANIA District- SITAMARHI ======================================================
1. Nanhaku Sah, Son of Late Lal Bahadur Sah,
2. Amardeep Sah, Son of Nanhaku Sah, Both R/o Village Asogi, P.S.- Ward No.2, P.S.- Bairgania, Distt- Sitamarhi.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Virendra Kumar, Advocate For the Opposite Party/s : Mr. Indra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-12-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Bairgania P.S. Case No. 173 of 2015 instituted for the offence under Sections 302/34 of the IPC.
Supplementary affidavit has been filed on behalf of the petitioners today along with final form (Annexure-3) from which it appears that police after investigation submitted final form against both these petitioners. Learned Sessions Judge in the impugned order mentioned that only allegation against these petitioners is of last seen with the deceased. In the written report it is alleged that husband of the informant had gone along with these petitioners, thereafter, informant got information that her husband is lying dead near Sinduria Bandh.
Patna High Court Cr.Misc. No.59154 of 2017 (4) dt.20-12-2017 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 bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Bairgania P.S. Case No. 173 of 2015 to the satisfaction of learned C.J.M., Sitamarhi 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 dated 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 tampers 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.