Bidya Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19347 of 2017 Arising Out of PS.Case No. -246 Year- 2016 Thana -BAKHTIYARPUR District- PATNA ======================================================
1. Bidya Devi , w/o Sri Amar Nath Rai
2. Amar Nath Rai, s/o Sri Dahour Rai Both are permanent resident of village - Kaldiyara, P.S. - Salimpur, District Patna presently residing at Bakhtiyarpur, P.S. Bakhtiyarpur, District - Patna. .... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Jayram Sharma, Advocate For the Opposite Party/s : Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-05-2017 Heard learned counsel for the petitioners.
The petitioners are apprehending their arrest in connection with Bakhtiyarpur P.S.Case No. 246 of 2016 registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code.
Petitioners are named in the FIR and allegation against them is that they have got the deceased killed. It has been submitted on behalf of the petitioners that petitioners have been made accused in this case due to partition of property. It has further been submitted that no specific overt act has been alleged against them.
Heard learned APP also.
Having heard both sides and considering the aforesaid
Patna High Court Cr.Misc. No.19347 of 2017 (2) dt.11-05-2017 2/2 facts and circumstances, let the petitioners, named above, in the event of their arrest or surrender in the court within a period of two weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Barh, Patna, in connection with Bakhtiyarpur P.S. Case No.
246 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further conditions that bailors should be local persons having sufficient immoveable properties within the jurisdiction of the court concerned and petitioners shall co-operate in the investigation and make themselves available before the police as and when required and in the event of failure on their part to appear before the police on two consecutive dates, the prosecution shall be free to move for cancellation of their bail bonds and further petitioners will not induce any witness or tamper with the evidence.
(Vinod Kumar Sinha, J) spal/- U