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Patna High CourtCR. MISC./6356/2019bail granted

Subhkala Devi And ANR v. The State Of Bihar

2019-02-05Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6356 of 2019 Arising Out of PS. Case No.-148 Year-2018 Thana- KUSHESHWARASTHAN District- Darbhanga ======================================================

1. Subhkala Devi, female, wife of Ram Lochan Chaudhary

2. Chandi Devi, female, wife of Upendra Sada @ Opendra Sada, both Resident of village-Sultanpur, Police Station-Kusheshwar Asthan DistrictDarbhanga ... ... Petitioner

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Pankaj Kumar Jha, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 05-02-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 341, 323, 342, 307, 302, 504, 506 of the Indian Penal Code registered in connection with Kusheshwar Asthan P.S. Case No. 148 of 2018.

3. It is submitted that the petitioners have been falsely implicated and the accusations are general and omnibus in nature. The petitioners are said to have assaulted Pappu and Arjun but there is no injury report to corroborate the accusation of assault. The petitioners are not alleged to have assaulted the deceased. After investigation, police has submitted final form as regards these petitioners, both of whom are ladies.

4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of

Patna High Court Cr.Misc. No.6356 of 2019(2) dt.05-02-2019 2/2 Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of Sri Kumar Sudhnsu, learned Judicial Magistrate Ist Class, Biraul, District- Darbhanga in connection with Kusheshwar Asthan P.S. Case No. 148 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions:

(i) That one of the bailors shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) The petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioners shall be well represented in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Ibrar//- U T