Baby Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52691 of 2017 Arising Out of PS.Case No. -100 Year- 2017 Thana -MANJHI District- SARAN ======================================================

1. Baby Devi, Wife of Krishna Sah.

2. Suraj Prasad, Son of Krishna Sah, Both above resident of Village- Maharajganj, Purani Bazar, Police StationMaharajganj, District- Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satya Prakash, Advocate. For the Opposite Party/s : Mr. Ganesh Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-02-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Manjhi P.S. Case No. 100 of 2017 instituted for the offence under Sections 304(B)/34 and 201 of the Indian Penal Code.

In the written report there is general and omnibus allegation against these petitioners.

It has been submitted that petitioner Nos. 1 and 2 are mother-in-law and Dewar of the deceased. They have no concern with affairs between deceased and the husband. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within

Patna High Court Cr.Misc. No.52691 of 2017 (4) dt.05-02-2018 2/2 six weeks from today, in connection with Manjhi P.S. Case No. 100 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 learned Chief Judicial Magistrate, 5th, Saran at Chapra, 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 their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond 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