Anita Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 51777 of 2015 ===================================================

1. Anita Devi wife of Raj Kumar Mishra

2. Pritam Devi wife of Amit Kumar Mishra Both are residents of village- Mahthour, Police Station- Manigachhi, DistrictDarbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s: Mr. Kumar Goutam, Adv. For the State : Mr. Upendra Kumar, (APP) For the Opposite Party: Mr. Kumar Chandra Shekhar, Adv. =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 04.

27.04.2016 Heard learned counsel for the Petitioners and the State.

The Petitioners seek bail in a case instituted for the offences under Sections 341, 323, 324, 326, 307, 504, 426 and 302/34 of the Indian Penal Code. The case has chequered history as well as the Petitioners attempted to take undue advantage by suppressing material facts which were discovered later on. Now, the Petitioners have prayed for bail on the ground that Petitioner No. 2, Pritam Devi has delivered a child in Jail whereas Petitioner No. 1, Anita Devi has a child of eleven months.

Taking a compassionate view, let the Petitioners, above named be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of

Patna High Court Cr.Misc. No.51777 of 2015 (4) dt.27-04-2016 the like amount each or any other surety as fixed by the Court to the satisfaction of Chief Judicial Magistrate, Darbhanga in connection with Manigachhi P.S. Case No. 258 of 2012 subject to the following conditions:- (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 bailor will also undertake to inform the Court if there is any change in the address of the Petitioners. (ii) 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 delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (iii) 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. Vikash/- (Anjana Prakash, J.) U T