Sarita Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2754 of 2018 Arising Out of PS.Case No. -37 Year- 2016 Thana -BHAGWANGANJ District- PATNA ======================================================

1. Sarita Devi, W/o Mantoo Ray

2. Kanchan Devi W/o Suman Ray Both Resident of Village-Hasanpura, P.S.-Bhagwanganj, District-Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : None. For the Opposite Party/s : Mr. Anil Kumar Singh 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-02-2018 None appears on behalf of the petitioners.

Learned counsel for the State is present.

The petitioners apprehend their arrest in Bhagwanganj P.S. Case No. 37 of 2016 instituted for the offence under Sections 304(B)(2), 201 of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act.

From the written report it appears that petitioners are married Nanad of the deceased. It is mentioned in paragraph-10 of the bail petition that husband of the deceased is already in custody.

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

Considering the facts and circumstances of the case,

Patna High Court Cr.Misc. No.2754 of 2018 (3) dt.15-02-2018 2/2 prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Bhagwanganj P.S. Case No. 37 of 2016, 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 Sri Ranjeet Kumar, learned Judicial Magistrate, 1st Class, Masaurhi, 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