Kanhai Singh @ Kanhaiya Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40634 of 2017 Arising Out of PS.Case No. -293 Year- 2016 Thana -TARAIYA District- SARAN ======================================================
1. Kanhai Singh @ Kanhaiya Singh, Son of Late Rajdeo Singh,
2. Prabhavati Devi W/o Late Rajdeo Singh,
3. Nagendra Singh Son of Late Rajdeo Singh All R/o Village- Gavandri, P.S.- Panapur, District- Saran at Chapra.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Yashraj Bardhan For the Opposite Party/s : Mr. Sri Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-09-2017 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Taraiya P.S. Case No. 293/2016 instituted for the offences under Sections 341, 323, 304B and 201/34 of the Indian Penal Code. It has been submitted on behalf of the petitioners that petitioner nos. 1 and 3 are own brothers of the husband of the deceased and petitioner no. 2 is mother-in-law of the deceased. There is general and omnibus allegation against the petitioners. There is no eye witness of the occurrence. It has been further submitted that the petitioners have no manner of concern with the deceased and her husband. Petitioners were living separately from
Patna High Court Cr.Misc. No.40634 of 2017 (2) dt.04-09-2017 2/2 the deceased and her husband.
Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Taraiya P.S. Case No. 293/2016, 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 learned Additional Chief Judicial Magistrate IX, Saran at Chapra, subject to the conditions as laid down under Section 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.) Rakhi U T