Shyam Sundari Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13735 of 2022 Arising Out of PS. Case No.-114 Year-2021 Thana- SALIMPUR District- Patna ====================================================== 1.
SHYAM SUNDARI, DEVI WIFE OF LATE DEENA YADAV R/O VILLAGE- SAMMATPUR, P.S.- SALIMPUR, DISTRICT- PATNA 2.
KIRAN DEVI, WIFE OF KAUSHAL YADAV R/O VILLAGESAMMATPUR, P.S.- SALIMPUR, DISTRICT- PATNA 3.
SUSHILA KUMARI, D/O- UPENDRA SINGH R/O VILLAGESAMMATPUR, P.S.- SALIMPUR, DISTRICT- PATNA 4.
SWEETY KUMARI, W/O- AUSHAL @ AUSHAL KUMAR R/O VILLAGE- SAMMATPUR, P.S.- SALIMPUR, DISTRICT- PATNA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Avinash For the Opposite Party/s :
Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 13-07-2022 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners seek bail in connection with Salimpur P.S. Case No. 114 of 2021, registered for the offences punishable under Sections 147, 148, 149, 341, 342, and 302 of I.P.C. and Section 27 of the Arms Act. As per allegation, all accused persons started firing on informant's husband, due to which he died. The learned counsel for the petitioners submits that
2/4 the petitioners are innocent and have falsely been implicated in this case. As per the F.I.R., there is no specific allegation of assault against the petitioners, who are ladies. He has further submitted that due to previous enmity, these petitioners have been dragged in the present case. The petitioners are in custody since 14.08.2021. It is also stated in paragraph no. 2 of the petition that the petitioners have not moved earlier before this Court for grant of anticipatory bail or regular bail. It has further been stated that the petitioners have no criminal antecedent.
However, the learned APP for the State has opposed the prayer for bail.
Considering the facts and circumstances, the petitioners, above-named, are directed to be released on bail on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Barh, Patna, in connection with Salimpur P.S. Case No. 114 of 2021 on the following conditions:
3/4 (i) The petitioners will make themselves available for interrogation by a police officer/court as and when required.
(ii) The petitioners will undertake that investigation/trial will not hamper on account of their absence or non-cooperation. They must be available to the police or the court whenever their presence is required. (iii) The petitioners shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any police officer.
(iv) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedent, the learned court below shall cancel the bail bond of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedent despite their knowledge of the same.
(v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is
4/4 wrong, the learned court below shall cancel the bail bond of the petitioners.
The application stands allowed accordingly.
The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.
(Jitendra Kumar, J) ashishkr/- U T