Shiv Sao @ Shiv Saw And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25203 of 2018 Arising Out of PS.Case No. -343 Year- 2017 Thana -BIKRAM District- PATNA ======================================================
1. Sawita Devi, aged about 60 years, wife of Santu Saw, resident of village- Tariper, P.S. and P.O.- Bikram, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.35507 of 2018 Arising Out of PS.Case No. -343 Year- 2017 Thana -BIKRAM District- PATNA ======================================================
1. Shiv Sao @ Shiv Saw, son of late Tiluku Sao
2. Pappu Sao, son of Shiv Sao @ Shiv Saw, both residents of village - Taripar, P.S. - Bikram, District - Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.25203 of 2018) For the Petitioner/s : Mr. Sayed Imran Ghani, Advocate For the Opposite Party/s : Mr. Ramchandra Singh, APP (In Cr.Misc. No.35507 of 2018) For the Petitioner/s : Mr. Ashok Kumar Sinha, Advocate For the Opposite Party/s : Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 24-07-2018 Both the applications are taken up together as they arise out of the same P.S. case number.
Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Bikram P.S. Case No.343 of 2017 instituted for the offence under Section(s) 304-B, 120-B/34 Indian Penal Code.
Patna High Court Cr.Misc. No.25203 of 2018 (3) dt.24-07-2018 2/3 Counsel for the petitioners submits that petitioner No.1 of Cr. Misc. No.35507 of 2018 is brother-in-law (Bhaisur) of the deceased and petitioner No.2 is son of petitioner No.1, whereas, petitioner of Cr. Misc. No.25203 of 2018 is aunt of husband of the deceased.
From the written report, it appears that 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 six weeks from today in connection with Bikram P.S. Case No.343 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, Danapur, Patna, 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
Patna High Court Cr.Misc. No.25203 of 2018 (3) dt.24-07-2018 3/3 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