Chanda Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7487 of 2024 Arising Out of PS. Case No.-198 Year-2023 Thana- BHELDI District- Saran ====================================================== 1.
CHANDA DEVI W/O- JAY PRAKASH PANDEY R/O- VILLAGETARWAR, P.S.- BHELDI, DIST.- CHAPRA (SARAN.) 2.
BASMATI KUNWAR @ BASMATI DEVI W/O- LATE BIGAN PANDEY R/O- VILLAGE- TARWAR, P.S.- BHELDI, DIST.- CHAPRA (SARAN.) ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR, PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mani Bhushan Kumar Singh For the Opposite Party/s :
Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioners apprehend their arrest in connection with Bheldi P.S. Case No. 198 of 2023 registered under Sections 447, 341, 323, 379, 504 and 506/34 of the Indian Penal Code lodged on 18.07.2023 by the informant, Ranjit Panday.
3. As per the prosecution story, the allegation is that Jay Prakash Pandey gave rod blow on the head. So far as this petitioners are concerned, they caught hold of collar of the informant and took out Rs. 5,000/-.
4. It is the case of the petitioners that the main
Patna High Court CR. MISC. No.7487 of 2024(2) dt.17-02-2024 2/3 allegation is against Jay Prakash Pandey and in a zeal to implicate the others, they have been named and role assigned.
5. Learned APP for the State opposes the prayer for bail.
6. Taking into account the aforesaid submissions put forward by the parties as also that they are ladies and do not have criminal antecedent, this Court is inclined to grant them privilege of bail.
7. Let the petitioners, in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Chapra in connection with Bheldi P.S. Case No. 198 of 2023 subject to condition as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioners shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their
Patna High Court CR. MISC. No.7487 of 2024(2) dt.17-02-2024 3/3 bail bond by the Trial court itself;
(iii) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of their bail bonds;
(iv) the petitioners shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Jagdish/- U T