Lalsa Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.14404 of 2020 Arising Out of PS. Case No.-268 Year-2019 Thana- KAKO District- Jehanabad ====================================================== 1.

LALSA DEVI Wife of Binod Yadav Resident of Village- Mahmudpur, P.S.- Kako, District- Jehanabad.

2.

Sakunti Devi Wife of Late Madan Yadav Resident of Village- Mahmudpur, P.S.- Kako, District- Jehanabad.

3.

Sunita Devi Wife of Indradeo Yadav Resident of Village- Mahmudpur, P.S.- Kako, District- Jehanabad.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Paras Nath, Advocate For the Opposite Party/s :

Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 14-07-2020 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners in the present case are female members of the family who are seeking anticipatory bail in connection with Kako P.S. Case No. 268/2019 registered for the offences punishable under Section 147, 149, 341, 307, 379, 504 and 506 of the Indian Penal Code.

Learned counsel for the petitioners submits that in the First Information Report there is no specific allegation against these petitioners. It is also submitted that there is a counter case from which it will appear that the informant's side of the present case has assaulted the petitioners' side and from Annexure '4'

Patna High Court CR. MISC. No.14404 of 2020(2) dt.14-07-2020 2/3 series it will appear that the present petitioners have also suffered injuries. It is further submitted that one of the coaccused Indradeo Yadav of this case who had also suffered injury on his head from the informant's side has been granted privilege of anticipatory bail by a learned Co-ordinate Bench of this Court in Cri. Misc. No. 4329 of 2020.

Learned APP for the State has though opposed the prayer for anticipatory bail of the petitioners but considering that there is a case and counter case and the injury report of the co-accused Indredeo Yadav present in Annexure '4' series shows that he had also received injuries on his head, there being general allegations against these petitioners as well, there is no reason why similar privilege be not granted to these petitioners, let the petitioners above named in the event of their arrest or surrender within a period of four weeks from today in connection with Kako P.S. Case No. 268/2019 be released on bail on furnishing of bail bonds of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate - 1st, Jehanabad, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself

Patna High Court CR. MISC. No.14404 of 2020(2) dt.14-07-2020 3/3 available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) avin/arvind U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.