IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.20116 of 2010
1. AMRENDRA KUMAR @ AMRENDRA @ LALO SAH @ LALO,
2. Rajesh Kumar Sah @ Rajesh Sah &
3. Sudhanshu Kumar @ Sudhanshu Sah, all son of Asarfi Sah
Versus
THE STATE OF BIHAR
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2/ 15.06.2010 Heard learned counsel for the petitioners and the State.
The petitioners seek anticipatory bail in a case instituted
for the offence under section 304-B/34 of the Indian Penal Code.
Petitioners are brother-in-law of the deceased and there is
no specific overt act against them and in fact, during investigation it
transpired that the deceased had committed suicide since the husband
of the deceased was having illicit relationship.
In view of such, in the event of surrender of the
petitioners, named above, within four weeks from today in connection
with Ballia P.S. Case No. 243 of 2009, they shall be released on
anticipatory bail on furnishing bail bond of Rs.5,000/-(five thousand)
with two sureties of the like amount each to the satisfaction of the
Chief Judicial Magistrate, Begusarai, subject to conditions as laid
down under section 438 (2) Cr. P.C., and (i) That one of the bailors
will be a close relative of the petitioners, who will give an affidavit
giving genealogy as to how he is related with the petitioners. The
bailors will undertake to furnish information to the court about any
change in the address of the petitioners, (ii)That the petitioners shall
undertake to be represented on the first date after cognizance and in
case they fail to do so, their bail bond will be liable to be cancelled and
(iii) That the petitioners will give an undertaking that they will receive
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the police papers on the given date and be present on date fixed for
charge and if they fail to do so on two given dates and delay the trial in
any manner, their bail will be liable to be cancelled for reasons of
misuse (iv) That the petitioners will be well represented on each date
and if they fail to do so on two consecutive dates, their bail will be
liable to be cancelled.
JA/- (Anjana Prakash, J.)