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Patna High CourtCR. MISC./56436/2017bail granted

Ram Pulis Sahani And ANR v. The State Of Bihar

2017-12-15Mr. Justice Madhuresh Prasad2 pages

Patna High Court Cr.Misc. No.56436 of 2017 (2) dt.15-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56436 of 2017 Arising Out of PS.Case No. -299 Year- 2016 Thana -SARAI RANJAN District- SAMASTIPUR ======================================================

1. Ram Pulis Sahani Son of Jageshwar Sahani

2. Sanjay Sahani Son of ram Pulis Sahani Both Resident of VillageBarheta P.S. Sarairanjan District Samastipur .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Sujit Kumar Singh, Advocate For the Opposite Party : Mr.Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 15-12-2017 Heard counsel for the petitioners and APP for the State. The petitioners seek bail in a case registered for offence under sections 328, 304B and 34 of the IPC.

Petitioner no.1 is mother-in-law and petitioner no.2 is Bhaisur (brother-in-law) of the deceased. Allegation in the FIR lodged by the victim's father is that the petitioners done to death his daughter by administering poison.

Counsel for the petitioners submits that they have falsely been implicated in this case as no specific allegation has been attributed against them. They have no antecedent and other family members Sumitra Devi and Sushila Devi against whom similar general and vague allegations have been levelled, have already been granted privilege of anticipatory bail by this Court vide order dated 6.7.2017, passed in Cr.Misc.No. 21223 of 2017, whereas petitioners are in custody since on 31.7.2017. In the facts of the case, prayer for bail of the petitioners is allowed. Let both the petitioners, as mentioned above, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the

Patna High Court Cr.Misc. No.56436 of 2017 (2) dt.15-12-2017 satisfaction of the Addl. Chief Judicial Magistrate VI, Samastipur in Sarairanjan Police Station Case No. 299 of 2016 on the following conditions:- (a) 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 them. The bailor will also undertake to inform the court if there is any change in the address of the petitioners. (b) 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) Shashi.

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