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Patna High CourtCR. MISC./36608/2018bail granted

Purshotam Tiwary And ANR v. The State Of Bihar

2018-07-18Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36608 of 2018 Arising Out of PS.Case No. -86 Year- 2018 Thana -MAJHAHGARH District- GOPALGANJ ======================================================

1. Purshotam Tiwary, son of Pundew Tiwari

2. Amrita Devi, wife of Purshotam Tiwary Both resident of Village- Dumariya, P.S.- Manjha, District- Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar No-1, Advocate. For the Opposite Party/s : Mr. Umesh Lal Verma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-07-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Manjha Garh P.S. Case No. 86 of 2018 instituted for the offence under Sections 302/34 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that petitioner No. 1 is Bhainsur and petitioner No. 1 is Gotni of the deceased. The husband is already in custody.

In the written report there is general and omnibus allegation against the petitioner.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within

Patna High Court Cr.Misc. No.36608 of 2018 (3) dt.18-07-2018 2/2 six weeks from today, in connection with Manjha Garh P.S. Case No. 86 of 2018, 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 Chief Judicial Magistrate, Gopalganj, 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 their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond 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