Ramawati Devi And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12589 of 2019 Arising Out of PS. Case No.-2 Year-2019 Thana- LAUKARIA District- West Champaran ====================================================== 1.

Ramawati Devi, aged about 45 years, female, W/o Munna Sah 2.

Rinku Devi, aged about 31 years, female, W/o Sanjay Sah 3.

Angira Devi, aged about 34 years/ feamle, W/o Pappu Sah, All three are Resident of village - Sidhaw, P.S.- Laukariya, District-West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-04-2019 Heard learned counsel for the parties.

Petitioners seeks bail in a case registered for the offence punishable under Sections 504, 323, 324, 341/34 of the Indian Penal Code and later on Section 302 of the Indian Penal Code was also added.

Informant has alleged that on 10.01.2019 at about 4.30 p.m., while he was returning after loading sugarcane on his tractor co-accused, Kamlesh Sah suddenly came in front with his motorcycle in drunken condition but somehow informant prevented the accident but on account of the incident, an altercation took place and co-accused, Kamlesh Sah and F.I.R.

Patna High Court CR. MISC. No.12589 of 2019(3) dt.01-04-2019 2/3 named accused abused and assaulted him.

It has been submitted on behalf of the petitioners that they are innocent and have falsely been implicated in this case merely on the basis of suspicion. It has further been submitted that there is no specific allegation of assault against these ladies petitioners. It has further been submitted that the deceased Poonam Kumari died due to her ailment. Petitioners have no criminal antecedent and they are in custody since 13.01.2019. Learned counsel for the informant has vehemently opposed the prayer for bail of the petitioners. Considering the aforesaid facts and circumstances of the case and also the fact that petitioners are ladies, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Laukariya P.S. Case No.02/2019, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as

Patna High Court CR. MISC. No.12589 of 2019(3) dt.01-04-2019 3/3 directed by the Court and their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the court below.

(3) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(S. Kumar, J) Sanjay/- U T