Sarsati Kuwar @ Shail Devi And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6546 of 2016 Arising Out of PS.Case No. -152 Year- 2012 Thana -BHELDI District- SARAN ======================================================
1. Sarsati Kuwar @ Shail Devi Wife of Late Shiv Pujan Rai,
2. Prabhawati Devi, wife of Umesh Rai, Both are Resident of Village - Bariyarpur, P.S. - Bheldi, District - Saran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vipin Kumar For the Opposite Party/s : Mr. Surendra Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 02-05-2016 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have renewed their prayer for anticipatory bail in connection with Bheldi P.S. Case No. 152 of 2012 for the offences alleged under Sections 304B, 201, 34 of the Indian Penal Code which was earlier rejected by order dated 23.07.2014 in Cr. Misc. No. 32399 of 2013.
3. It is submitted that the petitioners being ladies have been falsely implicated as the deceased had died of snake bite. It is further stated that the trial has been concluded in the case of the co-accused Dinesh Rai and Hoti Lal Rai resulting in their acquittal.
4. Having regard to the entirety of the facts and circumstances, in the event of the petitioners' arrest or surrender before the 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 bonds of
Patna High Court Cr.Misc. No.6546 of 2016 (2) dt.02-05-2016 Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra, in connection with Bheldi P.S. Case No. 152 of 2012, subject to the conditions as laid down under Section 438 (2) Cr. P.C., and also subject to the following further conditions:
(i) That the petitioners will be well represented on each and every date and if they fail to do so on two consecutive dates, their bail bonds will be liable to be cancelled by the Court concerned. (ii) The petitioners shall cooperate with the investigation 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. (Vikash Jain, J) Chandran U T