Guriya Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36757 of 2017 Arising Out of PS.Case No. -421 Year- 2015 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ======================================================

1. Guriya Devi, W/o Sujit Ram,

2. Jashwanti Devi W/o Raju Ram, Both R/o Village- Katrapar, P.S.- Bihar, District- Nalanda.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Rana Baljit Singh For the Opposite Party/s : Mr. Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-08-2017 Heard learned counsel for the petitioners.

The petitioners are apprehending their arrest in connection with Bihar P.S. Case No. 421 of 2015 registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

Petitioners are ladies and allegation against petitioner No.1 is of giving a dagger to another co-accused who has assaulted the deceased causing his death and so far petitioner No.2 is concerned, it is alleged that she has instigated the accused persons for killing the deceased.

It has been submitted on behalf of the petitioners that main accused in this case has already been acquitted after

Patna High Court Cr.Misc. No.36757 of 2017 (2) dt.18-08-2017 2/3 conclusion of trial.

Heard learned APP also.

Having heard both sides and in view of facts and circumstances, let the petitioner No.1, named above, surrender in the court below and pray for regular bail, which shall be considered on its own merit, without being prejudiced by this order, preferably on the same day.

So far petitioner No.2 is concerned, in the facts and circumstances, let her surrender within a period of four weeks from the date of receipt/production of a copy of this order and on her so surrendering she shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Bihar Sharif, in connection with Bihar P.S. Case No. 421 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further conditions that :- (i) One of the bailors should be a local person having sufficient immoveable properties within the jurisdiction of court concerned, (ii) Petitioner shall co-operate in the investigation and make herself available

Patna High Court Cr.Misc. No.36757 of 2017 (2) dt.18-08-2017 3/3 before the police as and when required and in the event of failure on her part to appear before the police on two consecutive dates, the prosecution shall be free to move for cancellation of her bail bonds, (iii) Petitioner will not induce any witness or tamper with the evidence.

(Vinod Kumar Sinha, J) spal/- U