Kanti Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8228 of 2017 Arising Out of PS.Case No. -116 Year- 2016 Thana -VAISHALI District- VAISHALI(HAJIPUR) ======================================================
1. Kanti Devi wife of Dukhit Mahto
2. Dukhit Mahto son of Ram Chandra Mahto Both residents of Dumariya Madhopur, P.S. Belsar, O.P., District Vaishali. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prakash Chandra Jha For the Opposite Party/s : Mr. Dr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-02-2017 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Vaishali(Belsar) P.S. Case No. 116 of 2016 instituted for the offence under Section (s) 304(B), 201 of the Indian Penal Code. It has been submitted on behalf of the petitioners that petitioners are mother-in-law and father-in-law of the deceased. The husband of the deceased is already in custody. It has further been submitted that other co-accused have been granted anticipatory bail by a coordinate Bench of this Court vide Cr. Misc. No. 53657 of 2016 on 27.01.2017.
The postmortem report of the deceased has been brought on record as Annexure-2 which reflects the cause of
Patna High Court Cr.Misc. No.8228 of 2017 (2) dt.27-02-2017 2/2 death as asphyxia due to drowning.
In the written report itself, it appears that there is general and omnibus allegation against the petitioners. In the facts and circumstances of the case, the prayer of the petitioners for anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, above named, within six weeks from today in connection with Vaishali (Belsar) P.S. Case No. 116 of 2016, 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 learned Chief Judicial Magistrate, Vaishali, subject to the conditions as laid down under Section 438(2) of Cr.P.C.
(Sanjay Priya, J) Shageer/- U T