IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31079 of 2011
1. Bibha Devi @ Vibha Devi, wife of Suraj Kumar
2. Suraj Kumar, son of late Ram Swarup Prasad
3. Uja Devi, wife of Late Ram Swarup Prasad.
Versus
The State Of Bihar
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2. 18.10.2011 Heard learned counsel for the petitioners and the
State.
The petitioners seek anticipatory bail in a case
instituted for the offence under Sections 306/34 of the Indian
Penal Code.
It has been submitted that from the facts of the
First Information Report, no offence whatsoever is made out
against the petitioners.
In view of such, let the petitioners in the event of
surrender, named above, within four weeks from the date of
receipt of this order, in connection with Laheri P.S. Case No.
82 of 2011, shall be released on anticipatory bail on
furnishing bail bond of Rs. 5,000/- (Five thousand) each with
two sureties of the like amount each to the satisfaction of
Chief Judicial Magistrate, Nalanda, subject to the 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 affidavit shall clearly state that the
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petitioners are not accused in any other case and, if they are,
they shall not be released on bail. (iii) That the bailors shall
also state on affidavit that they will inform the court
concerned if the petitioners are implicated in any other case
of similar nature after their release in the present case and
thereafter the court below will be at liberty to initiate the
proceeding for cancellation of bail on the ground of misuse.
(iv) That the petitioners will give an undertaking that they will
receive 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. (v) 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.
( Anjana Prakash, J.)
S.Ali