Patna High CourtCR. MISC./44947/2017bail granted

Mahavir Rai And ORS v. The State Of Bihar

2017-10-17Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44947 of 2017 Arising Out of PS.Case No. -121 Year- 2017 Thana -LALGANJ District- VAISHALI(HAJIPUR) ======================================================

1. Mahavir Rai, Son of Late Moti Rai,

2. Gulabi Devi, W/o Sri Mahavir Rai,

3. Gajendra Rai, Son of Sri Mahavir Rai,

4. Sulekha Devi, W/o Sri Gajendra Rai,

5. Nagendra Rai @ Devendra Rai, Son of Sri Mahavir Rai,

6. Lalmuni Devi, W/o Nagendra Rai @ Devendra Rai All the R/o Village- Sahdullahar, P.S.- Lalganj , District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Ranjan Kumar, Advocate. Mr. Dhananjay Kumar, Advocate.

For the Opposite Party/s : Mr. Nawal Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-10-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Lalganj P.S. Case No. 121 of 2017 instituted for the offence under Sections 304(B), 201 and 34 of the Indian Penal Code.

It has been submitted that petitioners are family members of the husband of daughter of the informant. They are living separately from the husband of the daughter of the informant. In the written report there is general and omnibus allegation against these petitioners.

It is mentioned in paragraph-10 of the bail petition that petitioners are parents-in-law, Bhainsur, Gotni and Dewar of the

Patna High Court Cr.Misc. No.44947 of 2017 (3) dt.17-10-2017 2/2 daughter of the informant (since deceased).

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 Lalganj P.S. Case No. 121 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 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.