Pramila Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13505 of 2024 Arising Out of PS. Case No.-155 Year-2022 Thana- MEHANDIGANJ District- Patna ====================================================== 1.
Pramila Devi Wife of Late Fazzu Yadav Resident of Ranipur, Upari Gali, P.S.- Mehandiganj, Distt.- patna 2.
Jyoti Kumari Daughter of Late Fazzu Yadav Resident of Ranipur, Upari Gali, P.S.- Mehandiganj, Distt.- patna ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Deepak Kumar, Advocate For the Opposite Party/s :
Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-03-2024 Heard the parties.
2. The petitioners are apprehending their arrest in connection with Mehandiganj P.S. Case No. 155 of 2022 for the offence under sections 323, 341, 447, 307, 379, 354, 504, 506 and 34 of the I.P.C. lodged on 03.10.2022 by the informant, Sumitra Devi.
3. As per the prosecution story, the informant alleged that when her son arrived at home after closing the shop and as she opened the door, found 8 to 10 boys consuming liquor in front of their house. When her son objected, the accused persons armed variously came and assaulted causing serious injury on his face, nose and he fell unconscious. When the informant and
Patna High Court CR. MISC. No.13505 of 2024(2) dt.12-03-2024 2/3 her family members tried to rescue, they too were beaten. Accordingly, the FIR.
4. Learned counsel for the petitioners submit that these two petitioners are ladies, were not part of the consummation of liquor as also the assault but have been dragged in the case, they have no criminal antecedent.
5. Learned APP opposes the prayer.
6. Taking into account the submissions put forward by the parties as also the fact that though the allegation is grave, the accused persons were not only consuming liquor in front of the house of the informant, her son who had just returned from the shop was brutally assaulted, so far as these petitioners are concerned, they are ladies, they do not have criminal antecedent, this Court is inclined to extend them the privilege of anticipatory bail with conditions.
7. Let the petitioners be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned J.M.-1st, Patna City, in connection with Mehandiganj P.S. Case No. 155 of 2022 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
Patna High Court CR. MISC. No.13505 of 2024(2) dt.12-03-2024 3/3 (i) one of the bailor should be the family member of the petitioners who shall provide official document to show his/her bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;
(iii) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Rajiv Roy, J) kiran/- U T