Seema Devi And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38061 of 2014 Arising Out of PS.Case No. -1193 Year- 2010 Thana -BUXAR COMPLAINT CASE DistrictBUXAR ======================================================
1. Seema Devi Wife of Sushil Kumar Verma, Daughter of Birendra Verma At present resident of village - Akarua, P.S. - Piro, District - Bhojpur.
2. Birendra Verma Son of Sri Godhan Verma
3. Raju Verma Son of Sri Birendra Verma
4. Urmila Devi Wife of Birendra Verma All are residents of village - Akarua, P.S. - Piro, District - Bhojpur.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Sushil Kumar Verma Son of Sri Dhurandhar Verma Resident of village + P.O. - Gangauli, P.S. - Simri, District - Buxar. .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 20-03-2015 Heard learned counsel for the parties.
Having regard to the nature of allegation against the petitioners for the offences punishable under Sections-380/34 of the Indian Penal Code and keeping in view that the petitioners are wife, Father-in-law, Brother-in-law and Mother-in-law of the complainant husband of petitioner no. 1 and that a matrimonial case at the instance of petitioner no. 1 was already pending against the complainant, this Court would be inclined to grant privilege of anticipatory bail to all the petitioners who have got no criminal antecedent.
Patna High Court Cr.Misc. No.38061 of 2014 (2) dt.20-03-2015 That being so, this Court would direct that if the petitioners namely, Seema Devi, Birendra Verma, Raju Verma and Urmila Devi surrender within a period of four weeks from today, they would be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate 1st Class, Buxar in connection with Complaint Case No. 1193 (C) of 2010 (T.R. No. 2690 of 2014) subject to the conditions laid down under Section- 438 (2) Cr. P.C and also subject to the following conditions:- (i) That both the bailors will be close relative of the petitioners who will give an affidavit giving genealogy as to how they are related with the petitioners. The bailors will also undertake to inform the Court if there is any change in the address of the petitioners.
(ii) That the bailors shall also state on affidavit that they will inform the Court concerned
Patna High Court Cr.Misc. No.38061 of 2014 (2) dt.20-03-2015 if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the Court below will be at liberty to initiate the proceeding for cancellation of their bail on the ground of misuse.
(iii) That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on the date fixed for charge and if they fail to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (iv) That the petitioners will be well represented on each and every date of trial and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled on this ground alone.
(Mihir Kumar Jha, J) Ranjan/- U