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Reena Devi and anr. Vs. the State of Bihar

Reena Devi and anr. vs The State of Bihar

Type Court Judgment Court Patna Decided May 19, 2012
~2 min read
https://sooperkanoon.com/case/975356

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Citation
Court
Patna High Court
Decided On
Subject
Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue
Education

Parties & Advocates

Appellant / Petitioner

Reena Devi and anr.

Respondent

The State of Bihar

Excerpt

.....302 and 201/34 of the indian penal code. considering that the petitioners are the sisters-in-law of the deceased and it has not a case under section 302 of the indian penal code which would not entitle the prosecution to raise a presumption against the in-laws of the deceased and there being no direct evidence against them, let the petitioners in the event of surrender, named above, within four weeks from the date of receipt of this order, in connection with bind p.s. case no. 64 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 at bihar sharif, 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 bailor will also undertake to inform the court if there is any change in the address of the petitioners. (ii) that the petitioners will give an undertaking that they will receive the police patna high court cr.misc. no.43381 of 2011 (2) dt.19-01-2012 2 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. (iii) 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

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43381 of 2011 ====================================================== 1. Reena Devi, wife of Kiran Ram 2. Asha Devi, wife of Ajay Ram .... .... Petitioners Versus The State Of Bihar .... .... Opposite Party =====================================================”

19. 01-2012 Heard learned counsel for the petitioners and the State. The petitioners seek anticipatory bail in a case instituted for the offence under Sections 302 and 201/34 of the Indian Penal Code. Considering that the petitioners are the sisters-in-law of the deceased and it has not a case under Section 302 of the Indian Penal Code which would not entitle the prosecution to raise a presumption against the in-laws of the deceased and there being no direct evidence against them, let the petitioners in the event of surrender, named above, within four weeks from the date of receipt of this order, in connection with Bind P.S. Case No. 64 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 at Bihar Sharif, 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 bailor will also undertake to inform the Court if there is any change in the address of the petitioners. (ii) That the petitioners will give an undertaking that they will receive the police Patna High Court Cr.Misc. No.43381 of 2011 (2) dt.19-01-2012 2 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. (iii) 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

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