Patna High CourtCR. MISC./59636/2017bail granted

Rinki Devi And ANR v. The State Of Bihar

2018-02-01Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59636 of 2017 Arising Out of PS.Case No. -465 Year- 2017 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ======================================================

1. Rinki Devi, W/o Anil Kumar,

2. Jal Kumari Devi, W/o Shivjee Singh, Both R/o Village- Sunduari, P.S.- Sadar Hajipur, District- Vaishali at Hajipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dharmendra Kumar Paswan, Adv. For the informant : Mr. Santosh Kumar, Advocate. Mr. Uday Pratap Singh, Advocate.

For the Opposite Party/s : Mr. Shailendra Kumar -1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-02-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Sadar Hajipur P.S. Case No. 465 of 2017 instituted for the offence under Sections 341, 342, 323, 307/34 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act.

There is allegation against petitioner Nos. 1 and 2 that they gave poison to the informant along with her husband. The injury report has been enclosed as Annexure-2 wherein the Doctor has stated that intake of poison was not established. It has been submitted that petitioners are parents-in-law of the informant.

Learned counsel for the informant has appeared and

Patna High Court Cr.Misc. No.59636 of 2017 (3) dt.01-02-2018 2/2 opposed the prayer for anticipatory bail.

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 six weeks from today, in connection with Sadar Hajipur P.S. Case No. 465 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, Vaishali at Hajipur, 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.