Abha Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16323 of 2018 Arising Out of PS. Case No.-85 Year-2017 Thana- MINAPUR District- Muzaffarpur ======================================================
1. Abha Devi, Wife of Bhadai Ram,
2. Akhilesh Kumar @ Akhilesh Ram, Son of Bhadai Ram,
3. Mithilesh Kumar @ Mithilesh Ram, Son of Bhadai Ram,
4. Amresh Kumar @ Amresh Ram, Son of Bhadai Ram, All residents of Village- Kanti Tola Tiwari P.S.- Kanti, DistrictMuzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun Kumar For the Opposite Party/s :
Mr. Sri Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-05-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Minapur P. S. case no. 85 of 2017 instituted for the offence under Section(s) 302/34 of the Indian Penal Code.
Learned counsel for the petitioners has submitted that husband of the informant had land dispute with co accused Bhadai Ram. These petitioners are wife and sons of Bhadai Ram. In the written report, it is alleged that on the date of occurrence Bhadai Ram and his other family members were
Patna High Court Cr.Misc. No.16323 of 2018(3) dt.11-05-2018 2/3 assaulting the mother-in-law of the informant which was objected by the husband of the informant and he was also assaulted and husband of the informant returned to the house became unconscious and he died.
In this manner, these petitioners are family members of Bhadai Ram. There is general and omnibus allegation against these petitioners.
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Minapur P.S. case no. 85 of 2017, 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 the learned CJM East Muzaffarpur, 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the
Patna High Court Cr.Misc. No.16323 of 2018(3) dt.11-05-2018 3/3 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) shyambihari/- U T