Sakuna Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17064 of 2020 Arising Out of PS. Case No.-152 Year-2019 Thana- BHAWANIPUR District- Purnia ====================================================== 1.
SAKUNA DEVI W/o Sudhir Thakur R/o village- Sondeep, P.S.- Bhawanipur, District- Purnea 2.
Punam Devi W/o Pramod Thakur R/o village- Sondeep, P.S.- Bhawanipur, District- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Kumar For the Opposite Party/s :
Mr.Satyavrat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-09-2020 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of COVID-19 Pandemic. Heard the learned counsel for the petitioners and Sri Satyavrat Verma, the learned A.P.P. for the State. This is an application for grant of anticipatory bail in connection with Bhawanipur PS case no. 152 of 2019 registered for the offences punishable under Sections 341, 323, 302/34 of Indian Penal Code.
The allegation is regarding some dispute having taken place between the acquaintance of the informant and the accused persons including the petitioners herein, whereafter
Patna High Court CR. MISC. No.17064 of 2020(2) dt.11-09-2020 2/3 they are said to have assaulted the husband of the informant, resulting in his death during the course of treatment. The learned counsel for the petitioners has submitted that the petitioners are female having been falsely roped in the present case and are having clean antecedent. It is further submitted that if at all, any overt act is attributable to anyone, it may be the male accused persons and not the petitioners herein.
Having regard to the facts and circumstances of the case, considering the submissions of the learned counsel for the petitioners and taking into account the fact that the petitioners herein are female and a general and omnibus allegation has been levelled against them as also they are having clean antecedent, I deem it fit and appropriate to admit the petitioners to the privilege of anticipatory bail. Accordingly, the abovenamed petitioners, in the event of their arrest or surrender before the learned court below within a period of six weeks from the date of receipt/ production of a copy of this order, are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Purnea in connection with Bhawanipur PS case no. 152 of 2019 subject
Patna High Court CR. MISC. No.17064 of 2020(2) dt.11-09-2020 3/3 to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. This Court further directs that since the investigation of the present case is going on, the petitioners herein would appear before the Officer-in-charge of the concerned police station on each and every Monday of the week and co-operate with the Investigating Officer and in case of two consecutive defaults in appearing before the said Officer-incharge, the present privilege of anticipatory bail being granted to the petitioners herein shall stand cancelled automatically and the petitioners would be taken into custody forthwith. It is clarified that present privilege of anticipatory bail to the petitioners herein shall not be treated as a precedent, inasmuch as the petitioners herein are being granted anticipatory bail, in view of the peculiar facts and circumstances of their case.
(Mohit Kumar Shah, J) rinkee/- U T