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Patna High CourtCR. MISC./8059/2019bail granted

Rekha Devi And ORS v. The State Of Bihar

2019-02-13Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8059 of 2019 Arising Out of PS. Case No.-374 Year-2018 Thana- TAJPUR District- Samastipur ======================================================

1. REKHA DEVI Wife of Sanjay Ray, aged about 40 years, Sex: Female Resident of Village - Darba, P.S.- Tajpur (Halai O.P), District-Samastipur, Bihar

2. Savitri Devi Wife of Ram Darshan Ray, aged about 45 years, Sex: Female, Resident of Village - Darba, P.S.- Tajpur (Halai O.P), District- Samastipur

3. Srimati Devi Wife of Munshi Ray, aged about 55 years, Sex: Female, Resident of Village - Darba, P.S.- Tajpur (Halai O.P), District-Samastipur ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sudhir Kumar Thakur For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-02-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of in Tajpur (Halai O.P.P P.S. Case N0. 374 of 2018, disclosing offences under Sections 302,307,323/34,341,379 & 504 of the Indian Penal Code.

There are 27 persons named in the First Information Report, who are said to have formed unlawful assembly and assaulted the informant and other persons.

Learned counsel appearing on behalf of the petitioners has submitted that there is specific allegation against other coaccused person of making assault and there is no specific

Patna High Court Cr.Misc. No.8059 of 2019(2) dt.13-02-2019 2/2 allegation against these petitioners who are ladies. The petitioners and the informant belong to the same ancestral family.

Considering the fact that the petitioners are ladies and there is no specific allegation of assault made against them, this application is allowed.

Let the petitioners above named in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateI, Samastipur in Tajpur (Halai O.P.) P.S. Case No. 374 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

arun/- (Chakradhari Sharan Singh, J) U