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Patna High CourtCR. MISC./15277/2018bail granted

Sunaina Devi @ Sushila Devi And ANR v. The State Of Bihar

2018-03-20Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15277 of 2018 Arising Out of PS.Case No. -384 Year- 2017 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sunaina Devi @ Sushila Devi, W/o Nagendra Patel,

2. Sachin Patel, S/o Nagendra Patel, both R/o Village- Mishraulia, P.S.- Chiraiya, District- East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abhishek Kumar @ Sonu Babu, Advocate For the Opposite Party/s : Mr. Chaubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 20-03-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Muffasil P.S. Case No.384 of 2017 instituted for the offence under Section(s) 304-B Indian Penal Code.

It has been submitted that petitioner no.1 is motherin-law and petitioner no.2 is brother-in-law of the deceased. Husband of the deceased is already in custody. In the written report, there is general and omnibus allegation against the petitioners.

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

Patna High Court Cr.Misc. No.15277 of 2018 (2) dt.20-03-2018 2/2 six weeks from today in connection with Muffasil P.S. Case No.384 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 Chief Judicial Magistrate, Motihari, East Champaran, 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