Raju Mahto And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22095 of 2016 Arising Out of PS.Case No. -198 Year- 2015 Thana -SHEKHPURA District- SEKHPURA ======================================================

1. Raju Mahto S/o Late Ramji Mahto (45 years)

2. Sunita Devi w/o Raju Mahto (40 Years)

3. Sanni Kumar S/o Raju Mahto (20 Years), All three R/o MohallaTarachha, P.S.+District Sheikhpura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar, Advocate For the Opposite Party/s : Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 19-05-2016 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in Sheikhpura P.S. case No.198 of 2015 registered under Sections 341, 323, 452, 379, 354, 504 and 506 of the Indian Penal Code, pending in the court of Chief Judicial Magistrate, Sheikhpura. Considering the nature of allegations, I am not inclined to extend the privilege of anticipatory bail to the petitioners No.1 and 3.

Their prayer for anticipatory bail is rejected. However, considering that the Petitioner No.2 is a lady, without going into the merit of the allegations, let the petitioner No.2 above named be released on anticipatory bail in the event of

Patna High Court Cr.Misc. No.22095 of 2016 (2) dt.19-05-2016 2/2 arrest or surrender before the learned court below within a period of six weeks from today in connection with Sheikhpura P.S. case No.198 of 2015 on furnishing bail bonds of Rs.5,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sheikhpura, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also conditions (i) That one of the bailor will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the Court about any change in address of the petitioner.

(ii) That the petitioner will give an undertaking that she will receive the police papers on the given date and be present on date fixed for charge and if she fails to do so on two given dates and delays the trial in any manner, her bail will be liable to be cancelled for reasons of misuse, (v) That the petitioner will be well represented on each date if she fails to do so on two consecutive dates, her bail will be liable to be cancelled.

(Anjana Prakash, J) Narendra/- U T