Malti Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44808 of 2017 Arising Out of PS.Case No. -72 Year- 2017 Thana -BIND District- NALANDA (BIHARSHARIFF) ======================================================
1. Malti Devi, W/o Sanjay Kewat,
2. Saina Kewat, S/o late Nageshwar Kewat, both resident of villageBakra, P.S.- Bind, District- Nalanda. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar No.1, Advocate For the Opposite Party/s : Mr. Amrendra Prasad, APP For the Informant : Mr. Ravi Shankar Pankaj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 18-10-2017 Heard learned counsel for the petitioners and learned APP for the State as well as counsel for the Informant. Petitioners apprehend their arrest in Bind P.S. Case No.72 of 2017 instituted for the offence under Section(s) 304B/34 Indian Penal Code. It has been submitted that petitioner no.1 is Gotani and petitioner no.2 is Dewar of the deceased. Husband of the deceased is already in custody.
There is general and omnibus allegation against the petitioners.
Counsel for the Informant has appeared and opposed the prayer for bail.
In the facts and circumstances of the case, prayer of
Patna High Court Cr.Misc. No.44808 of 2017 (3) dt.18-10-2017 2/2 the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Bind P.S. Case No.72 of 2017, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Biharsharif, 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) JA/- U T