Ram Raj Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No 45463 of 2017 Arising Out of PS.Case No. -36 Year- 2016 Thana -KACHHAWA District- SASARAM (ROHTAS) ======================================================
1. Ram Raj Singh, son of Late Musafir Singh, resident of VillageKachhawa, P.S.- Kachhawa, District- Rohtas.
2. Barfa Devi @ Usha Devi, Wife of Ram Raj Singh, resident of VillageKachhawa, P.S.- Kachhawa, District- Rohtas. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr Satyavrat Verma, Advocate For the S t a t e : Mr Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 21-09-2017 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners seek bail in a case registered under Sections 304B, 201/34 of Indian Penal Code.
Petitioners are father-in-law and mother-in-law of the deceased. It is submitted by the counsel for the petitioners that on the basis of hearsay, the informant has implicated them in the instant case merely on the basis of suspicion and on such allegations, they are in custody since 21.07.2017. He draws the attention of the Court towards the petition filed by the informant before the Court of Additional Chief Judicial Magistrate, Vikramganj, Rohtas wherein he stated that subsequent to lodging
Patna High Court Cr.Misc. No.45463 of 2017 (2) dt.21-09-2017 2/3 of the first information report, he has realized that due to mistake, he has implicated the instant petitioners in this case. The petitioners are persons of clean antecedent.
Considering the aforesaid submission, prayer for bail is allowed. Let the petitioners above named be released on bail on each of them furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Vikramganj, District - Rohtas in Kachhawa Police Station Case No 36 of 2016 dated 30.09.2016 subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners.
(ii) That the affidavit shall clearly state that the petitioners are not accused in any other case and if they are, they shall not be released on bail.
(iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter, the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iv) That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse.
Patna High Court Cr.Misc. No.45463 of 2017 (2) dt.21-09-2017 3/3 (v) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.
(Madhuresh Prasad, J) M.E.H./- U T