Dharamshila Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4479 of 2019 Arising Out of PS. Case No.-517 Year-2018 Thana- NAUBATPUR District- Patna ====================================================== 1.
Dharamshila Devi,aged about 25 years, wife of Chandan Das, resident of Mustafapr, P.S-Bihta, Distt.-Patna.
2.
Reena Devi aged about 26 years, wife of Ramjiwan Das resident of Tarawana, P.S-Naubatpur, Distt.-Patna.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ganesh Prasad Yadav, Adv.
For the Opposite Party/s :
Mr.Mithlesh Kumar Khare (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-03-2019 Heard learned counsel for petitioners and learned counsel for the State.
Petitioners, who are in custody, seek bail in registered for the offences punishable under Sections 448, 341, 323, 324, 326, 302, 337, 338, 34 of the Indian Penal Code. Informant has alleged that on 19.10.2018 her neighbour Ramjiwan Das and other co-accused persons including petitioners entered into the house of the informant and assaulted her family members, in which her husband Ram Kinkar Das, who sustained grievous head injury and during course of treatment in P.M.C.H., he succumbed to his injuries. It has been submitted on behalf of the petitioners
Patna High Court CR. MISC. No.4479 of 2019(3) dt.11-03-2019 2/3 that they are innocent and have committed no offence. Petitioners are ladies. They have been falsely implicated in this case. There is in general and omnibus allegation against the petitioners. Petitioners are in custody since 21.10.2018. Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate,- II, Danapur, Patna, in connection with Naubatpur P.S. Case No. 517 of 2018, subject to conditions:
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and their absence on two consecutive dates without sufficient reasons, their bail bond shall be cancelled by the court below.
(3) If the petitioners tampers with the evidence or the witnesses of the case, in that case, prosecution will be
Patna High Court CR. MISC. No.4479 of 2019(3) dt.11-03-2019 3/3 at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) Rajiv/- U T