Poonam Devi @ Puniya Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33939 of 2017 Arising Out of PS.Case No. -5 Year- 2017 Thana -MAHILA P.S. District- NALANDA (BIHARSHARIFF) ======================================================

1. Poonam Devi @ Puniya Devi, wife of Shailendra Paswan,

2. Nisha Devi, daughter of Shailendra Paswan,

3. Manisha Kumari, daughter of Shailendra Paswan, all resident of villageHasanchak, P.S.-Harnaut, District- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Chandra, Advocate For the Opposite Party/s : Mr. Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 20-07-2017 Heard learned counsel for the Petitioners and the State.

The Petitioners apprehend their arrest in Bihar (Mahila) P.S. Case No.05 of 2017 instituted for the offence under Section(s) 448, 323, 504, 314/34 Indian Penal Code and Section 3⁄4 of the Witch Practices Act.

As per written report, there is specific allegation against Shailendra Paswan of assaulting the informant. There is general and omnibus allegation against the petitioners that they assaulted the mother of the informant when she raised objection to call the informant as "Dyne".

It has been submitted on behalf of the petitioners that all the petitioners are ladies.

Patna High Court Cr.Misc. No.33939 of 2017 (2) dt.20-07-2017 2/2 In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Bihar (Mahila) P.S. Case No.05 of 2017, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the SubDivisional Judicial Magistrate, Nalanda at Biharsharif, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,

(2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if 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.

(Sanjay Priya, J) JA/- U T