Anju Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40974 of 2017 Arising Out of PS.Case No. -46 Year- 2017 Thana -KUDHNI District- MUZAFFARPUR ======================================================

1. Anju Devi W/o Kalash Mahto,

2. Kailash Mahto Son of Girbal Mahto, Both R/o Village- Pakahi, P.S.- Maniari, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kumar Sinha For the Opposite Party/s : Mr. Sri Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-09-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Kudhni P.S. Case No. 46 of 2017 instituted for the offence initially registered under Sections302, 201 of the Indian Penal Code but later on, Sections-304B/34 of the Indian Penal Code.

It has been submitted that petitioners are Gotani and Bhainsur of the deceased. The husband of the deceased is in custody. 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.40974 of 2017 (2) dt.06-09-2017 2/2 sureties of the like amount each in connection with in Kudhani P.S. Case No. 46 of 2017 to the satisfaction of Sri Manish Pandey, learned Judicial Magistrate-Ist Class, Muzaffarpur 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 petitioner 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