Suma Devi @ Sumitra Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34039 of 2017 Arising Out of PS.Case No. -86 Year- 2015 Thana -SONO District- JAMUI ======================================================

1. Suma Devi @ Sumitra Devi, W/o Gulabi Mandal @ Gulo,

2. Anant Kumar Son of Gulabi Mandal @ Gulo, All R/o Village- Ramshir, P.S.- Chanan, District- Lakhisarai (Biahar).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar Sinha For the Opposite Party/s : Mr. Sri Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-09-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Sono P.S. Case No. 86 of 2015 instituted for the offence under Sections-302, 201/34s of the Indian Penal Code.

It has been submitted that there is land dispute between the parties. The informant has merely raised suspicion against these petitioners on account of land dispute.

As per written report, the husband of the informant had gone to see Mung crop in his land and he did not return. It is alleged that the informant got information about the dead body of her husband lying in Jungle at a distance of one and half kilometers south from the village.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event

Patna High Court Cr.Misc. No.34039 of 2017 (4) dt.05-09-2017 of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Sono P.S. Case No. 86 of 2015 to the satisfaction of learned Chief Judicial Magistrate, Jamui subject to condition as laid down u/S 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner 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) A.K.V./- U T