Mukhtar Patel And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32739 of 2016 Arising Out of PS.Case No. -114 Year- 2016 Thana -MAJHAULIA District- WEST CHAMPARAN(BETTIAH) ======================================================

1. Mukhtar Patel son of Late Lakhan Patel

2. Gayatri Devi wife of Mukhtar Patel

3. Bhikham Patel son of Mukhtar Patel

4. Sanoop Patel son of Mukhtar Patel Petitioner Nos. 1 to 4 are residents of village - Bhagadwa, P.S. Bettiah Muffasil, District - West Champaran

5. Shatrughan Patel son of Jokhu Patel

6. Sarita Devi wife of Shatrughan Patel Petitioner Nos. 5 & 6 are residents of village - Ganauli, P.S. Bettiah Muffasil, District - West Champaran .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Akhilesh Verma, Advocate For the Opposite Party/s : Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-01-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in connection with Majhaulia P.S.Case No. 114 of 2016, registered for offences punishable under Sections 341, 323, 324, 304-B and 201/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioners that petitioner no.1 is father-in-law, petitioner no.2 is mother-in-law and petitioner nos. 3 and 4 are other brothers of the husband of the deceased and so far as petitioner nos. 5 and 6 are concerned, they

Patna High Court Cr.Misc. No.32739 of 2016 (3) dt.25-01-2017 2/3 have already been granted anticipatory bail by a Bench of this Court vide order dated 27.10.2016.

Heard learned APP also.

The learned APP has opposed the prayer for grant of anticipatory bail to the petitioner nos. 1 to 4. From perusal of the FIR it appears that there is omnibus allegation against the petitioners and no specific allegation has been attributed against them. Considering the aforesaid facts, petitioner nos. 1 to 4, namely, Mukhtar Patel, Gayatri Devi, Bhikham Patel and Sanoop Patel, in the event of their arrest or surrender before the court below within a period of four 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 learned Chief Judicial Magistrate, West Champaran, Bettiah, in connection with Majhaulia P.S.Case No. 114 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with further following conditions:

One of the bailors of each petitioner should be a local person having sufficient immovable properties within the

Patna High Court Cr.Misc. No.32739 of 2016 (3) dt.25-01-2017 3/3 jurisdiction of the court concerned and further they will co-operate in the investigation of the case and make themselves available before the police/court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled and they will not take any step to tamper with the evidence of the case.

(Vinod Kumar Sinha, J) Tahir/- U T