Patna High CourtCR. MISC./26708/2017bail granted

Ajodhya Rai @ Balo Rai And ANR v. The State Of Bihar

2017-07-06Mr. Justice Sanjay Priya2 pages

Patna High Court Cr.Misc. No.26708 of 2017 (2) dt.06-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26708 of 2017 Arising Out of PS.Case No. -379 Year- 2016 Thana -FATUHA District- PATNA ======================================================

1. Ajodhya Rai @ Balo Rai, S/o Late Misri Rai.

2. Phulmanti Devi, Wife of Ajodhya Rai @ Balo Rai, Resident of VillageRaipura, Police Station- Fatuha, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jay Ram Prasad For the Opposite Party/s : Mr. Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-07-2017 Heard learned counsel for the petitioners and learned Addl. Public Prosecutor for the State.

The petitioners apprehend their arrest in Fatuha P.S. Case No. 379 of 2016 instituted for the offence under Section-302 & other minor sections of the Indian Penal Code. It has been submitted on behalf of petitioners that petitioners are father-in-law and mother-in-law of the deceased. They have falsely been implicated in this case. As per written report, there is general and omnibus allegation against the petitioners. It has further been submitted that the informant has filed compromise petition in the court below which is annexed as Annexure-2 to this petition.

Patna High Court Cr.Misc. No.26708 of 2017 (2) dt.06-07-2017 In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners, named above in the event of their arrest/surrender in the court below within six weeks from today shall be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each in connection with Fatuha P.S. Case No. 379 of 2016 to the satisfaction of learned Additional Chief Judicial Magistrate, Patna City subject to conditions as laid down u/S 438(2) of the Cr.P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) A.K.V./- U T