Sharda Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50540 of 2017 Arising Out of PS.Case No. -17 Year- 2017 Thana -SISWAN District- SIWAN ======================================================

1. Sharda Devi, wife of Harihar Bhagat

2. Harihar Bhagat, son of Late Ramji Bhagat

3. Santosh Bhagat @ Santosh Kumar Kushwaha S/o Harihar Bhagat All are residents of Village- Ubadhi, Police Station- Siswan, DistrictSiwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Tiwary, Advocate. For the Opposite Party/s : Mr. Arbind Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-11-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Siswan P.S. Case No. 17 of 2017 instituted for the offence under Sections 304(B), 201 and 120(B) of the Indian Penal Code. It has been submitted that petitioners are family members of husband of the deceased. It has further been submitted that a compromise petition has also been filed in the court below. From the written report it appears that there is general and omnibus allegation against these petitioners. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the

Patna High Court Cr.Misc. No.50540 of 2017 (2) dt.02-11-2017 2/2 event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Siswan P.S. Case No. 17 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 learned Additional Chief Judicial Magistrate-X, Siwan, 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) S.Ali/- U T