Janki Devi @ Jayant Bano @ Jaynat Bano v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.17426 of 2020 Arising Out of PS. Case No.-529 Year-2019 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== 1.

JANKI DEVI @ JAYANT BANO @ JAYNAT BANO W/o Surendra Mandal R/o village- Masurganj, Near of Arya Mandir, P.S.- Jogsar, DistrictBhagalpur 2.

Rita devi W/o Kailash Singh R/o village- Masurganj, Near of Arya Mandir, P.S.- Jogsar, District- Bhagalpur 3.

Rajesh Kumar S/o Surendra Mandal R/o village- Masurganj, Near of Arya Mandir, P.S.- Jogsar, District- Bhagalpur 4.

Surendra Mandal S/o Mahendra Mandal R/o village- Masurganj, Near of Arya Mandir, P.S.- Jogsar, District- Bhagalpur ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Diwakar Upadhyaya, Advocate For the Opposite Party/s :

Mr.Akhileshwar Dayal, APP Incharge ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 25-09-2020 Heard learned counsel for the petitioners and Mr. Akhileshwar Dayal, learned A.P.P. Incharge for the State in absence of Mr. Ramesh Chandra, learned A.P.P. Petitioners, in the present case, are seeking pre-arrest bail in connection with Kotwali (Jogsar) P.S. Case No. 529 of 2019 registered for the offence under Sections 341, 323, 498A, 504 and 34 of the Indian Penal Code.

Learned counsel for the petitioners submits that there is general and omnibus allegation against the petitioners, petitioners have never tortured or assaulted the informant or her

Patna High Court CR. MISC. No.17426 of 2020(4) dt.25-09-2020 2/3 children as also petitioners have got no criminal antecedent. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners.

Having regard to the facts and circumstances of the case particularly after going through the contents of letter no. 227 dated 10.09.2020 received from the Senior Superintendent of Police, Bhagalpur and upon noticing that nobody has been injured in the occurrence as has been informed by the Investigating Officer and the same finds mentioned in the letter of Senior Superintendent of Police, Bhagalpur, this Court directs that in the event of their arrest or surrender within four weeks from today, let the petitioners above-named be released on bail on furnishing of bail bonds of Rs. 25,000/- (Twenty Five Thousand only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur, in connection with Kotwali (Jogsar) P.S. Case No. 529 of 2019 (District - Bhagalpur), 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 available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or

Patna High Court CR. MISC. No.17426 of 2020(4) dt.25-09-2020 3/3 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) Rajeev/- 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'.