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Patna High CourtCR. MISC./12909/2018bail granted

Kushum Devi And ORS v. The State Of Bihar

2018-04-03Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12909 of 2018 Arising Out of PS.Case No. -343 Year- 2017 Thana -RAMGARH District- BHABHUA (KAIMUR) ======================================================

1. Kushum Devi Wife of Prasanjet Gond

2. Prasanjit Gond Son of late Banshropan Gond,

3. Usha Kumari Daughter of Prasanjit Gond

4. Om Prakash Gond Son of Prasanjit Gond, all Resident of VillageMahuwar, P.S. Ramgarh, District Kaimur at Bhabua .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-04-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Ramgarh P.S.Case No.343 of 2017, G.R.No.2813 of 2017 registered for offences punishable under Sections 304(b), 201 and 120(B) of the Indian Penal Code.

Petitioners are mother-in-law and the Nanad of the deceased and the case is under Section 304B of the IPC. Submission of the learned counsel for the petitioner is that there is delay in lodging the FIR of 11 days and furthermore no specific allegation has been attributed and the information of death has already been given to the family members of the deceased.

Patna High Court Cr.Misc. No.12909 of 2018 (2) dt.03-04-2018 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M. Ist, Kaimur at Bhabhua in connection with Ramgarh P.S.Case No.343 of 2017, G.R.No.2813 of 2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigatin and make themselves available as and when required by the Police otherwise, the prosecution is free to move for cancellation of their bail bond.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T