Satyendra Pandey And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45298 of 2018 Arising Out of PS.Case No. -362 Year- 2018 Thana -BHABHUA District- BHABHUA (KAIMUR) ======================================================
1. Satyendra Pandey, son of Late Ram Surat Pandey,
2. Raja Ram Pandey, son of Late Mukhi Pandey, Both resident of Village- Dharwar, P.S.- Sonhan, District- Kaimur at Bhabua.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajani Kant Pandey, Advocate For the Opposite Party/s : Dr. Mrityunjaya Kumar Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-08-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Bhabua (Sonhan) P.S. Case No.362 of 2018 instituted for the offence under Sections 304(B) and 201/34 of the Indian Penal Code. Counsel for the petitioners has submitted that petitioners are villagers of the husband of the deceased. In the written it is alleged that petitioners, to conceal the evidence, has disposed of the dead body of deceased. As such there is no specific allegation of committing torture or murder of deceased against the petitioners. Considering the facts and circumstances of the case,
Patna High Court Cr.Misc. No.45298 of 2018 (2) dt.13-08-2018 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 Bhabua (Sonhan) P.S. Case No.362 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, Kaimur at Bhabua, 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/- Rohit Kr.
U T