Patna High CourtCR. MISC./30134/2014disposed

Seema Devi And ORS. v. The State Of Bihar

2015-01-14Mr. Justice Dharnidhar Jha2 pages

Patna High Court Cr.Misc. No.30134 of 2014 (2) dt.14-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30134 of 2014 Arising Out of PS.Case No. -2 Year- 2014 Thana -KALYANPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Seema Devi,

2. Chhati Devi @ Chhatiya Devi,

3. Most. Devikali Kuar @ Devkal Kaul &

4. Kapildeo Rai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sharda Nand Mishra For the Opposite Party/s : Mr. Md.Arif(App) ====================================================== CORAM: HONOURABLE SHRI JUSTICE DHARNIDHAR JHA ORAL ORDER 14-01-2015 Heard.

Let the petitioners surrender and pray for regular bail before the Magistrate who is assigned to hear the matters of Chakia P.S.Case No.02 of 2014 in the district of East Champaran, Motihari.

For the guidance of the Magistrate, it is noted that prayers for bail are never to be considered merely by looking to the Section of the offence and its seriousness. A Judge of any rank has to consider the allegations individually appearing against the accused persons and then to find out his complicity in the offence and that too in the light of the defence which he advanced for being considered by a Judge. The learned CJM, East Champaran, Motihari who shall hear the prayer for bail of the petitioners, as

Patna High Court Cr.Misc. No.30134 of 2014 (2) dt.14-01-2015 and when he surrenders before him, shall abide by the above observations and pass an appropriate order strictly as per allegations and by taking into account the defence and other circumstances appearing in the life of the petitioner, like, his age, or illness or any other serious circumstance which may be pointed out. The Court trusts that the learned Magistrate while passing the order shall never deviate from the principles pointed out and shall pass an order in accordance with law in favour of the petitioner. The petition stands disposed of with the above directions. (Dharnidhar Jha, J) B.Kr./-Kanth.

U T