Naresh Baitha And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1601 of 2018 Arising Out of PS.Case No. -118 Year- 2017 Thana -BIDUPUR District- VAISHALI(HAJIPUR) ======================================================
1. Naresh Baitha, S/o Fakira Rajak,
2. Rina Devi, W/o Naresh Baitha, R/o village- Jurabanpur, Maniyarpur, P.S. Bidupur, District- Vaishali.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mrs. Anita Kumari Singh, Advocate For the Opposite Party/s : Mr. Dr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-02-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Bidupur P.S. Case No. 118 of 2017 instituted for the offence under Sections 304B,201,120B of the IPC.
It has been submitted that petitioners are father-in-law and mother-in-law of the deceased.
Learned counsel for the petitioners has submitted that other family members of the husband of the deceased except husband have already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 28.11.2017 passed in Cr. Misc. No. 47691 of 2017. It is further submitted that there is general and omnibus allegation against these petitioner. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners, named above, in the
Patna High Court Cr.Misc. No.1601 of 2018 (4) dt.09-02-2018 2/2 event 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 bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Bidupur P.S. Case No. 118 of 2017, to the satisfaction of the learned Additional Chief Judicial MagistrateXIV,Vaishali at Hajipur, subject to condition as laid down u/S 438
(2) of the Cr. P.C. with further conditions (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 dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioners and
(3) if the petitioners tampers 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) khushbu/- U T