Rekha Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58694 of 2017 Arising Out of PS.Case No. -329 Year- 2017 Thana -KANKARBAGH District- PATNA ======================================================
1. Rekha Devi, Wife of Braham Shankar Singh,
2. Pragati Kumari, Daughter of Braham Shankar Singh, Both are resident of Village- Indira Nagar, Road No.02, R.M.S. Colony, Kankarbagh, Patna.
3. Mnu Kumar @ Monu @ Gunjan Kumar, Son of Sushil Kumar Mishra, Resident of Roshra, P.S.- Roshra, District- Samastipur. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bam Bahadur Jha, Advocate. For the informant : Mr. Sachin Kumar, Advocate. For the Opposite Party/s : Mr. Humayou Ahmad Khan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-03-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Kankarbagh P.S. Case No. 329 of 2017 instituted for the offence under Sections 304(B) and 201/34 of the Indian Penal Code. Learned counsel for the petitioners has submitted that petitioners are mother-in-law and unmarried Nanad of the deceased.
From the written report it appears that there is general and omnibus allegation against these petitioners. Learned counsel for the informant has appeared and
Patna High Court Cr.Misc. No.58694 of 2017 (3) dt.19-03-2018 2/2 opposed the prayer for anticipatory bail of the petitioners. 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 Kankarbagh P.S. Case No. 329 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 Smt. Madhvi Singh, learned Judicial Magistrate, 1st Class, 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 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