Tara Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49926 of 2018 Arising Out of PS.Case No. -177 Year- 2018 Thana -HARSIDHI District- EASTCHAMPARAN (MOTIHARI) ======================================================
1. Tara Devi, W/o Mithu Giri,
2. Guriya Devi W/o Ashok Giri,
3. Sindhu Devi W/o Santosh Giri, All residents of Vill.- Olha Mishra Tola, P.S.- Harsidhi, District- East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Abhishek Kumar Ms. Rashmi Jha For the Opposite Party/s : Mr. Sri Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-08-2018 Heard learned counsel for the petitioners as well as the State.
The petitioners apprehend their arrest in Harsidhi P.S. Case No. 177/2018, instituted for the offence punishable under Section 304B/34 of the Indian Penal Code.
Learned counsel for the petitioners has submitted that all the petitioners are ladies. They are mother-in-law and wives of brothers of the husband of deceased respectively. In the written report, there is no allegation of specific overt act against them. The husband and father-in-law of the deceased are already in custody.
Patna High Court Cr.Misc. No.49926 of 2018 (2) dt.18-08-2018 2/2 Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Harsidhi P.S. Case No. 177/2018, 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 learned Chief Judicial Magistrate, Motihari, East Champaran, subject to the conditions as laid down under Section 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 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.) Rakhi U T