Kameshwari Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48348 of 2014 Arising Out of PS.Case No. -476 Year- 2014 Thana -BARACHATTI District- GAYA ======================================================

1. Kameshwari Devi, W/o Anesar Yadav,

2. Vinay Yadav, S/o Anesar Yadav,

3. Birender Yadav @ Birender Kumar, S/o Anesar Yadav,

4. Lalendra Yadav, S/o Anesar Yadav, all resident of village- Guriyama Tola Siho, P.S.- Mohanpur, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhirendra Kumar, Advocate For the Opposite Party/s : Mr. Amrendra Prasad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 3/ 25-05-2015 Heard learned counsel for the Petitioners and the State.

The Petitioners apprehend their arrest in a case instituted for the offence under Section(s) 341, 323, 325, 326, 504/34 Indian Penal Code and Section 3 of the Witch Craft (Protection) Act.

Considering that there is no specific overt act alleged against the Petitioners, who have fair antecedents, it is ordered that in the event of surrender/arrest of the Petitioners, named above, within four weeks from the date of receipt/production of a copy of this order in connection with Barachatti (Mohanpur) P.S. Case No.476 of 2014, they shall be released on anticipatory bail on furnishing bail bond of `5,000/- (five thousand) each with two sureties of the like amount each or any other surety to be fixed by the court below to the satisfaction of the Judicial Magistrate, 1st

Patna High Court Cr.Misc. No.48348 of 2014 (3) dt.25-05-2015 2/2 class, Sherghatti, Gaya, subject to the conditions as laid down under section 438(2) Cr. P. C. and (i) That one of the bailors will be a close relative of the Petitioners, who will give an affidavit giving genealogy as to how he is related with the Petitioners.

The bailors will undertake to furnish information to the court about any change in the address of the Petitioners, (ii) That the affidavit shall clearly state that the Petitioners are not accused in any other case and, if they are, they shall not be released on bail, (iii) That the bailors shall also state on affidavit that they will inform the court concerned if the Petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse, (iv) That the Petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse, and (v) That the Petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.