Shyamji @ Shyam Babu Rai And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48651 of 2017 Arising Out of PS.Case No. -82 Year- 2017 Thana -DIDARGANJ District- PATNA ======================================================
1. Shyamji @ Shyam Babu Rai, Son of Late Ramkhelawan Singh,
2. Kalawati Devi, Wife of Shyamji @ Shyam Babu Rai, Both residents of Mohalla- Kothiya, P.S.- Didarganj, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manish Kumar No-2, Advocate. For the Opposite Party/s : Mr. Surendra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 31-10-2017 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Didarganj P.S. Case No. 82 of 2017 instituted for the offence under Sections 304B, 34 of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act.
It has been submitted that husband of the deceased is already in custody. These petitioners are parents-in-law of the deceased and they have no concern with family affairs of the deceased and their son.
From the written report it appears that there is general and omnibus allegation against the petitioners. Considering the facts and circumstances of the case,
Patna High Court Cr.Misc. No.48651 of 2017 (3) dt.31-10-2017 2/2 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 Didarganj P.S. Case No. 82 of 2017, 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 Sri Anant Kumar, learned Additional Chief Judicial Magistrate, Patna City at Patna, 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 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) S.Ali/- U T