Chandrawati Devi @ Srimati Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41028 of 2018 Arising Out of PS.Case No. -9 Year- 2018 Thana -BANIAPUR District- SARAN ======================================================
1. Chandrawati Devi @ Srimati Devi, Wife of Mohan Sah,
2. Santosh Sah @ Santosh Kr. Sah, Son of Mohan Sah,
3. Surendra Sah, Son of Mohan Sah,
4. Srimati Devi @ Srimati Kumari @ Puja Kumari, Daughter of Mohan Sah, All resident of Village- Paigambarpur, P.S.- Baniyapur, District- Saran. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Krishna Kant Singh, Advocate. Mr. Anil Kr. Sinha, Advocate.
For the Opposite Party/s : Mr. Nawal Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-07-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Baniyapur P.S. Case No. 9 of 2018 instituted for the offence under Sections 304B, 201 and 384/34 of the Indian Penal Code. Counsel for the petitioners submits that the deceased died on 7.4.2015 and complaint has been lodged by the complainant which was sent to Police Station under Section 156
(3) Cr. P.C. on 27.2.2017 after lapse of about two years. It has further been submitted that petitioners are mother-in-law, brotherin-law and Nanad of the deceased.
Patna High Court Cr.Misc. No.41028 of 2018 (3) dt.17-07-2018 2/2 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 six weeks from today, in connection with Baniyapur P.S. Case No. 9 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 Additional Chief Judicial Magistrate-11, Saran, 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