Basanti Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3100 of 2018 Arising Out of PS. Case No.-94 Year-2017 Thana- CHAND District- Bhabhua (Kaimur) ======================================================

1. Basanti Devi, Wife of Lallan Srivastava @ Lallan Lal

2. Kamlesh Srivastava,

3. Guddu Srivastava, both sons of Lallan Srivastava @ Lallan Lal, all R/o Village Chandos, P.S. Chand, District- Kaimur at Bhabua. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tribhuwan Narayan For the Opposite Party/s :

Mr. Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-02-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Chand P.S. case no. 94 of 2017 instituted for the offence under Section(s) 304B/34 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that petitioners are mother-in-law and Bhaisurs of the deceased. The police after investigation submitted final form against the petitioners showing them innocent but the learned Court below has taken cognizance against these petitioners also along with the husband of the deceased for the offence under Section 306 of the IPC.

In the facts and circumstances of the case, prayer of the

Patna High Court Cr.Misc. No.3100 of 2018(2) dt.16-02-2018 2/2 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 Chand P.S. case no. 94 of 2017, G.R. No. 1011 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 the learned A.C.J.M. IV, Kaimur at Bhabua, 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) shyambihari/- U T