Karu Paswan And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45648 of 2014 Arising Out of Athamalgola PS.Case No. -64 Year- 2014 Thana -ATHMALGOLA District- PATNA ======================================================
1. Karu Paswan, Son of Kali Charan Paswan
2. Kosuma Devi @ Dhanwanti Devi, Wife of Karu Paswan Both resident of village- Dariyachak Fulalpur, P.S.- Athmal Gola, DistrictPatna .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Jha, Adv. For the State : Mr. Rana Randhir Singh, (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 10-04-2015 Heard learned counsel for the Petitioners and the State.
The Petitioners seek anticipatory bail in a case instituted for the offence under Sections 304(B), 201 and 34 of the Indian Penal Code.
It has been submitted that the Petitioner No. 1 has been arrested and, therefore, the application as against him is dismissed having become infructuous.
As for Petitioner No. 2, considering that she is the mother-in-law of the deceased and claims to have been living separately, let the Petitioner in the event of surrender, named above, within four weeks from the date of receipt of this order, in
Patna High Court Cr.Misc. No.45648 of 2014 (3) dt.10-04-2015 2/2 connection with Athamalgola P.S. Case No. 64 of 2014, be released on anticipatory bail on furnishing bail bond of Rs.5,000/- (Five thousand) with two sureties of the like amount each or any other surety to be fixed by the Court concerned to the satisfaction of Sub Divisional Judicial Magistrate, Barh, Distt. Panta, subject to the following conditions: (i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.
(ii) That the Petitioner will give an undertaking that she will receive the police papers on the given date and be present on date fixed for charge and if she fails to do so on two given dates and delays the trial in any manner, her bail will be liable to be cancelled for reasons of misuse. (iii) That the Petitioner will be well represented on each date and if she fails to do so on two consecutive dates, her bail will be liable to be cancelled.
(Anjana Prakash, J) S.Ali/- U T