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Patna High CourtCR. MISC./33291/2018bail granted

Ram Briksh Prasad Mahto And ANR v. The State Of Bihar

2018-06-18Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33291 of 2018 Arising Out of PS.Case No. -84 Year- 2017 Thana -RAJGIR District- NALANDA (BIHARSHARIFF) ======================================================

1. Ram Briksh Prasad Mahto, son of late Pairu Mahto,

2. Shyamfula Devi, wife of Rambriksh Prasad Mahto, both resident of village- Barakar, P.S. Rajgir, Dist. Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Opposite Party/s : Mr. Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 18-06-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Rajgir P.S. Case No.84 of 2017 instituted for the offence under Section(s) 304-B/34 Indian Penal Code.

It has been submitted that petitioners are father-inlaw and mother-in-law of the deceased. It has further been submitted that husband has already faced trial and has been acquitted by Additional Sessions Judge, Nalanda, by judgment dated 19.01.2018 passed in Sessions Trial No.677 of 2017 (Anneuxre-2).

In the written report, there is general and omnibus allegation against the petitioners.

Patna High Court Cr.Misc. No.33291 of 2018 (2) dt.18-06-2018 2/2 In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Rajgir P.S. Case No.84 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 the Additional Chief Judicial Magistrate, IV, Nalanda at Biharsharif, 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 bonds 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) JA/- U T