Anita Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38669 of 2014 Arising Out of PS.Case No. -136 Year- 2014 Thana -VAISHALI District- VAISHALI(HAJIPUR) ======================================================

1. Anita Devi Wife of Anil Thakur

2. Anil Thakur Son of Late Dahaur Thakur Both are Resident of villageJatkouli, P.S.- Vaishali, District- Vaishali. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 13-03-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation against the petitioners for the offences punishable under Sections304/34 of the Indian Penal Code and the fact that both the petitioners are only Brother-in-law and Sister-in-law (Bhasur and Gotni), who have also got no criminal antecedent, this Court having regard to the fact that the specific allegation is against Sunil Thakur (husband), would direct that if the petitioners namely, Anita Devi and Anil Thakur, surrender within a period of four weeks from today, would be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the

Patna High Court Cr.Misc. No.38669 of 2014 (2) dt.13-03-2015 satisfaction of Chief Judicial Magistrate, Vaishali at Hazipur in connection with Vaishali P.S. Case No. 136 of 2014 subject to the conditions laid down under Section438 (2) Cr. P.C and also subject to the following conditions:- (i) That both the bailors will be close relative of the petitioners who will give an affidavit giving genealogy as to how they are related with the petitioners. The bailors will also undertake to inform the Court if there is any change in the address of the petitioners.

(ii) That the bailors shall also state on affidavit that they will inform the Court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the Court below will be at liberty to initiate the proceeding for cancellation of their bail on the ground of misuse.

(iii) That the petitioners will give an

Patna High Court Cr.Misc. No.38669 of 2014 (2) dt.13-03-2015 undertaking that they will receive the police papers on the given date and be present on the date fixed for charge and if they fail to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (iv) That the petitioners will be well represented on each and every date of trial and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled on this ground alone. (Mihir Kumar Jha, J) Ranjan/- U