Ram Chandra Ram And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.26366 of 2017 (4) dt.19-07-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26366 of 2017 Arising Out of PS.Case No. -274 Year- 2016 Thana -VAISHALI District- VAISHALI(HAJIPUR) ======================================================
1. Ram Chandra Ram, son of Bhajan Ram,
2. Kismatiya Devi, w/o Ram Chandra Ram, both resident of village- Phulr, P.S.- and District- Vaishali.
3. Jeetendra Ram, son of late Dharamnath Ram, resident of village- Chhap Phular, P.S.- Paro, District- Muzaffarpur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arvind Kumar Sinha, Advocate For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 19-07-2017 Heard learned counsel for the Petitioners and the State.
The Petitioners apprehend their arrest in Vaishali P.S. Case No.274 of 2016 instituted for the offence under Section(s) 304-B, 201, 120-B Indian Penal Code. It has been submitted that the petitioners are fatherin-law, mother-in-law and Nandosi of the deceased. In the written report, it is alleged that the deceased was done to death by these petitioner and her dead body was thrown in Gandak river.
It has been submitted that the informant himself has filed a petition before the Chief Judicial Magistrate, Vaishali, Hajipur, (Annexure-2) stating therein that he has filed the case on wrong information and his daughter was not murdered, rather,
Patna High Court Cr.Misc. No.26366 of 2017 (4) dt.19-07-2017 she died due to illness.
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Vaishali P.S. Case No.274 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 the Chief Judicial Magistrate, Vaishali at Hajipur, subject to the conditions as laid down under Section 438(2) 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 tampers 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) JA/- U T