Anu Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8629 of 2019 Arising Out of PS. Case No.-685 Year-2018 Thana- NAWADA District- Nawada ======================================================, 1.
Anu Devi Wife of- Shashikant Thakur @ Munna Thakur Resident of village-Fatana 2.
Ruchi Kumari D/O-Jay Prakash Thakur @ Vinod Resident of village-Fatana 3.
Beena Devi Wife of- Prakash Thakur @ Vinod Resident of village-Fatana ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajeev Kumar For the Opposite Party/s :
Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-04-2019 This application, for grant of anticipatory bail, arises out of Nawada P.S, . Case No. 685/18, disclosing offences under, Sections 447, 147, 148,149,341,323,308,379, 506 and 504 of the Indian Penal Code and later on Section 302 of the Indian Penal Code has been added.
Allegation against the petitioners is of assault to one Sulekha Devi by means of rod and bricks causing injuries to her and there is allegation against other accused persons is of assault to the deceased.
Submission of learned counsel for the petitioners is that there is no allegation against the petitioners of assaulting the deceased and all the petitioners are ladies.
Patna High Court CR. MISC. No.8629 of 2019(3) dt.24-04-2019 2/3 Heard learned A.P.P. as well as learned counsel for the informant. They have opposed the prayer for bail and submitted that so far petitioner nos. 2 and 3 are concerned process under Section 82 Cr.P.C. has already been exhausted, which is evident from the case diary itself and there is also allegation against petitioner no. 1 of assaulting the injured Sulekha Devi. Having heard both sides, in view of the above facts, so far petitioner nos. 2 and 3 are concerned, since the process under Section 82 has already been exhausted, I am not inclined to grant them the privilege of anticipatory bail rather they should surrender and make prayer for regular bail and if any such application is filed the court below shall dispose of the same on the basis of materials available on record, if possible on same day.
So far petitioner no. 1 is concerned, considering the facts and circumstances of the case, in the event of her arrest or surrender before the court below within six weeks from the date of receipt/production of a copy of this order, she is directed to be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Nawada P.S, . Case No.
Patna High Court CR. MISC. No.8629 of 2019(3) dt.24-04-2019 3/3 685/18, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
With the above observation and direction, this application is disposed of.
(Vinod Kumar Sinha, J) sunilkumar/- U T ,