Bishor Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40391 of 2017 Arising Out of PS.Case No. -71 Year- 2017 Thana -MAHESI District- SAHARSA ======================================================

1. Bishor Sah, Son of Lal Mohar Sah,

2. Lal Mohar Sah, Son of late Raghu Sah, Both resident of VillageGandaul, P.S. Mahishi (Jalai O.P.), District- Saharsa. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Pravin Kumar Sinha For the Opposite Party/s : Mr. Sri Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-09-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Mahishi P.S. Case No. 71 of 2017 instituted for the offence under Sections-304B, 201/34 of the Indian Penal Code.

It has been submitted that petitioners are father-in-law and brother-in-law of the deceased. They are living separate from husband of the deceased.

From the written report, it appears that there is general and omnibus allegation against the petitioners.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two

Patna High Court Cr.Misc. No.40391 of 2017 (2) dt.22-09-2017 2/2 sureties of the like amount each in connection with in Mahishi P.S. Case No. 71 of 2017 to the satisfaction of learned Sub Divisional Judicial Magistrate, Saharsa subject to condition 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