Soniya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18576 of 2021 Arising Out of PS. Case No.-291 Year-2019 Thana- ADAPUR District- East Champaran ====================================================== 1.

Soniya Devi Wife of Subhash Kushwaha @ Sublash Kushwaha R/o VillageGhorasahan, P.S.- Harpur (Adapur), Dist.- East Champaran 2.

Gharbharni Devi Wife of Late Sajawal Mahto R/o Village- Ghorasahan, P.S.- Harpur (Adapur), Dist.- East Champaran 3.

Shuvlawti Devi Wife of Ram Udesh Kushwaha R/o Village- Ghorasahan, P.S.- Harpur (Adapur), Dist.- East Champaran 4.

Ranjeet Kushwaha Son of Ram Udesh Kushwaha R/o Village- Ghorasahan, P.S.- Harpur (Adapur), Dist.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Advocate.

For the Opposite Party/s :

Mr. Nityanand Tiwary, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-11-2021 Let the defects, if any, be removed within four weeks of the complete start of the physical Court.

Heard the parties in virtual Court.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 302, 201 and 120B/34 of the Indian Penal Code.

Submission is that only material against the petitioners is suspicion and suspicion cannot take the place of proof. Petitioners have got no criminal antecedent. Considering submission aforesaid, let the

Patna High Court CR. MISC. No.18576 of 2021(2) dt.26-11-2021 2/2 petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Adapur (Harpur) P.S. Case No. 291 of 2019, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) The petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (b) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below (c) The petitioners shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T