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Patna High CourtCR. MISC./6271/2020bail granted

Paro Devi v. The State Of Bihar

2020-03-03Mr. Justice Vikash Jain3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6271 of 2020 Arising Out of PS. Case No.-311 Year-2019 Thana- RAJAON District- Banka ====================================================== 1.

PARO DEVI W/o Subhash Yadav Resident of Village- Khaira, P.S.- Rajoun, Distt- Banka.

2.

Nutan Kumari @ Nutan Devi W/o Mukesh Yadav Resident of VillageKhaira, P.S.- Rajoun, Distt- Banka. 3.

Rahul Kuamr S/o Pramod Yadav Resident of Village- Khaira, P.S.- Rajoun, Distt- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar Jha For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-03-2020 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 307 and 386/34 of the Indian Penal Code and Section 27 of the Arms Act, registered in connection with Rajoun P.S. Case No. 311 of 2019 (G.R.No. 1954 of 2019).

3. It is submitted that the petitioners have been falsely implicated in connection with the assault and firing by the accused persons. It is submitted that no overt act of assault has been alleged against the petitioners, two of whom are ladies, and

Patna High Court CR. MISC. No.6271 of 2020(2) dt.03-03-2020 2/3 specific accusation of assault has been attributed to other coaccused persons. The petitioners claim clean antecedents.

4. Be that as it may, in the event of petitioners' arrest or surrender before 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 Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each, to the satisfaction of learned C.J.M. Banka in connection with Rajoun P.S. Case No. 311 of 2019 (G.R.No. 1954 of 2019), 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) That the petitioners shall co-operate 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) That the petitioner nos. 1 and 2 shall be well represented in court on each and every date during trial, except as and when directed by the learned court below to be

Patna High Court CR. MISC. No.6271 of 2020(2) dt.03-03-2020 3/3 physically present and the petitioner no.3 shall remain physically present 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) HR/- U T