Basudha Kumari And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50695 of 2017 Arising Out of PS.Case No. -662 Year- 2016 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================
1. Basudha Kumari, daughter of Vijay Chandra Yadav, resident of villageLuxman Tola, P.S.-Pirpainty, District-Bhagalpur,
2. Niku Kumari, d/o Niranjann Prasad Yadav, resident of village-Luxman Tola, P.S.-Pirpainty, District-Bhagalpur, &
3. Abhamani, D/o Rajendra Pradad Yadav, resident of village-Jioyangunj, P.S.-Sarsi, District- Purnia.
.... .... Petitioner/s
Versus
1. The State of Bihar
2. The Vigilance Department, Bihar, Patna.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar, Advocate Mr. Swapnil Kumar Singh, Advocate For the Opposite Party/s : Mr. Sri Rajesh Kumar, APP Mr. Rabindra Kumar, AC to LO, I/c, Vigilance ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 15-11-2017 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Kotwali (Adampur) P.S. Case No.662 of 2016 instituted for the offence under Section(s) 420, 467, 409, 468, 471, 120-B Indian Penal Code.
Counsel for the petitioners has submitted that all the petitioners are ladies. Initially, they have been appointed after proper verification of the documents. Certificates issued from the Bihar School Examination Board have been enclosed with the First Information Report at page 34, 35 and 39, wherein, all these
Patna High Court Cr.Misc. No.50695 of 2017 (3) dt.15-11-2017 2/3 petitioners have been shown to be qualified. In the First Information Report also at page 16, all these petitioners have been shown to be qualified.
Other co-accused with similar allegations have been granted anticipatory bail by co-ordinate Benches of this Court by order dated 22.09.2017 passed in Cr. Misc. No.40751 of 2017, order dated 05.05.2017 passed in Cr. Misc. No.10341 of 2017, and order dated 19.09.2017 passed in Cr. Misc. No.43939 of 2017.
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 Kotwali (Adampur) P.S. Case No.662 of 2016, 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 Chief Judicial Magistrate, Bhagalpur, 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
Patna High Court Cr.Misc. No.50695 of 2017 (3) dt.15-11-2017 3/3 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