Avinash Ray And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46487 of 2018 Arising Out of PS.Case No. -132 Year- 2008 Thana -MOTIPUR District- MUZAFFARPUR ======================================================

1. Avinash Ray Son of Late Vindeshwari Ray

2. Ram Chandra Ray, Son of Late Vindeshwari Ray.

3. Phuldeo Ray Son of Late Maharaj Ray.

4. Sumitra Devi @ Meena Devi Wife of Avinash Ray.

5. Sanyogi Devi Wife of Late Vindeshwari Ray. All of resident of VillageHussani Mangalpur Tole, Larwaniya, P.S. Dumariya, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Sri Chaubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-08-2018 Heard learned counsel for the petitioners as well as the State.

The petitioners apprehend their arrest in Motipur P.S. Case No. 132/2008, instituted for the offences punishable under Sections 304(B), 201 and 34 of the Indian Penal Code. Learned counsel for the petitioners has submitted that petitioner nos. 1, 2, 4 and 5 are family members of the husband of deceased. Petitioner no. 3 is a villager of the husband of deceased. There is general and omnibus allegation against these petitioners in the complaint petition.

Considering the facts and circumstances of the case,

Patna High Court Cr.Misc. No.46487 of 2018 (2) dt.21-08-2018 2/2 the 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 Motipur P.S. Case No. 132/2008, 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 S.D.J.M., West, Muzaffarpur, subject to the conditions as laid down under Section 438(2) of the 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 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.)