Rekha Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57005 of 2017 Arising Out of PS.Case No. -98 Year- 2017 Thana -SAUR BAZAR District- SAHARSA ======================================================
1. Rekha Devi wife of Chandradeo Yadav
2. Urmila Devi @ Urmila Kumari D/o Chandradeo Yadav, Both resident of Village- Bhawanipur Paschim Tola Ward No. 3, P.S. - Sour Bazar, DistrictSaharsa. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Mishra, Advocate For the Opposite Party/s : Mr.Pranav Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-12-2017 Heard learned counsel for the petitioners and learned A.P.P. for the State.
Petitioners apprehend their arrest in connection with Sour Bazar P.S.Case No. 98 of 2017 registered for the offence punishable under Sections 302, 201, 120 (B) and 34 of the Indian Penal Code.
From the written report, it appears that the petitioners are family members and the son of the informant namely, Ashish Kumar. It is alleged that F.I.R. named accused persons after making conspiracy murdered the son of the informant by means of lathi and rod and threw the dead body in front of house of Sintu Yadav.
Learned counsel for the petitioners submits that except suspicion there is no allegation of specific overt act against
Patna High Court Cr.Misc. No.57005 of 2017 (2) dt.01-12-2017 2/2 the petitioners. The petitioners are ladies and they have clean antecedent.
Learned Additional Public Prosecutor opposes the prayer of bail.
In the facts and circumstances of the case, the prayer of Anticipatory bail of petitioners are allowed and in the event of his arrest or surrender before the Court below within a period of six weeks, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand)each with two sureties of the like amount each in connection with Sour Bazar P.S.Case No. 98 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Saharsa, subject to the conditions laid down under Section 438 ( 2) Cr. P. C. with other 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) Sudha/- U T