Gyanti Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16246 of 2019 Arising Out of PS. Case No.-218 Year-2018 Thana- NAUTAN District- West Champaran ====================================================== 1.
Gyanti Devi, Wife of Yogendra Singh 2.
Deepak Kumar @ Deepak Kumar Singh, Son of Yogendra Singh Both are residents of village- Sheorajpur Dharaki, P.S.- Nautan, DistrictWest Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :
Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 25-03-2019 Heard learned counsel for the petitioners and learned counsel for the State.
In this case, the petitioners are seeking anticipatory bail in connection with Nautan P.S. Case No.218 of 2018, registered for the offence punishable under Sections 341, 323, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code. Allegation has been made that all the accused persons including the petitioners have assaulted the victim by different weapons.
The petitioner no.1 is the lady and there is no specific role has been attributed to her.
Patna High Court CR. MISC. No.16246 of 2019(2) dt.25-03-2019 2/3 Considering the aforesaid fact, let the petitioner no.1, namely, Gyanti Devi, be released on anticipatory bail in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Nautan P.S. Case No.218 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. Further condition is that whenever the police will call the petitioner no.1 for the purposes of investigation and interrogation, she will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled.
As there is specific allegation of assault made against petitioner no. 2, this Court is not inclined to grant bail to him. Accordingly, the prayer for bail of petitioner no.2 is rejected. However, if the petitioner no. 2 surrenders before the Court below within four weeks from today and prays for regular bail, the Court below will consider the same and pass appropriate order on the same day without being influenced by
Patna High Court CR. MISC. No.16246 of 2019(2) dt.25-03-2019 3/3 the order of this Court.
(Shivaji Pandey, J) V.K.Pandey/ S. Katyayan/- U T