Renu Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38400 of 2017 Arising Out of PS.Case No. -28 Year- 2016 Thana -ALAMNAGAR District- MADHEPURA ======================================================

1. Renu Devi, Wife of Lakshman Sahni.

2. Kanchan Devi, Wife of Bharat Sahni.

3. Meera Devi, Wife of Ramchandra Sahni.

4. Bharat Sahni, son of Ramchandra Sahni.

5. Lakshman Sahni, son of Ramchandra Sahni.

6. Ramchandra Sahni. Son of late Gani Sahni, All residents of VillageMahinathnagar, Police Station- Balldaur, District- Khagaria. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Uday Chand Prasad For the Opposite Party/s : Mr. Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-08-2017 Heard learned counsel for the petitioners.

The petitioners are apprehending their arrest in connection with Alam Nagar P.S. Case No. 28 of 2016 registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code.

Allegation against the petitioners is of causing death to the deceased and petitioners are in-laws of the deceased. It has been submitted on behalf of the petitioners that with respect to death of deceased another case being Beldaur P.S.Case No. 28 of 2016 has been lodged in the District of Khagaria in which petitioners Nos. 1, 2, 4 & 5 have been granted

Patna High Court Cr.Misc. No.38400 of 2017 (2) dt.21-08-2017 2/3 anticipatory bail in Cr.Misc.No. 40240 of 2016, vide order dated 19.10.2016 and the case of the petitioners is similar to that and there is no specific allegation against them. Heard learned APP and learned counsel for the informant, who have opposed the prayer for anticipatory bail stating that this is case of brutal murder.

Having heard both sides and in view of facts and circumstances, let the petitioners Nos. 1, 2, 4 & 5, named above, surrender in the court below within a period of four weeks from the date of receipt/production of a copy of this order and on their so surrendering they shall be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the SubDivisional Judicial Magistrate, Uda Kishunganj, Madhepura, in connection with Alam Nagar P.S. Case No. 28 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further conditions that :- (i) One of the bailors should be a local person having sufficient immoveable properties within the jurisdiction of court concerned, (ii) Petitioners shall co-operate in the investigation and make themselves available

Patna High Court Cr.Misc. No.38400 of 2017 (2) dt.21-08-2017 3/3 before the police as and when required and in the event of failure on their part to appear before the police on two consecutive dates, the prosecution shall be free to move for cancellation of their bail bonds, (iii) Petitioners will not induce any witness or tamper with the evidence.

So far prayer for anticipatory bail of petitioners Nos. 3 and 6 is concerned, they are directed to surrender before the court below within six weeks and make prayer for regular bail, which shall be considered on its own merit.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U