Manwati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18876 of 2019 Arising Out of PS. Case No.-52 Year-2018 Thana- BALTHAR District- West Champaran ====================================================== 1.

Manwati Devi, aged about 42 years, Female, Wife of Rajendra Ram 2.

Nirmala Devi, aged about 25 years, Female, Wife of Ashok Ram 3.

Rajendra Ram, aged about 45 years, Male, Son of late Hari Ram All are Resident of Village - Gauchari, P.S.- Balthar, Distt. - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 01-04-2019 The petitioners seek bail in anticipation of their arrest in connection with Balthar P.S. Case No. 52 of 2018, dated 02.05.2018, which though was instituted under Sections 363, 365, 366A and 376/34 of the Indian Penal Code, but the police, after investigation, submitted chargesheet under Sections 363, 365, 366A and 376 of the Indian Penal Code against one Ashok Ram, who is the son of

Patna High Court CR. MISC. No.18876 of 2019(2) dt.01-04-2019 2/3 petitioner No. 3 and the petitioners were not sent-up for trial. However, the learned Magistrate took cognizance against the petitioners also under Sections 363, 365 and 366A/34 of the Indian Penal Code.

The learned counsel for the petitioners has submitted that the main accused/Ashok Ram has surrendered to the process of law and has been granted regular bail.

Considering the fact that the petitioners were not sent-up for trial and cognizance has been taken by the learned Magistrate differing with the police report, as also that no specific accusation has been made against the petitioners and they have been made accused only because of their being related to aforesaid Ashok Ram, let the petitioners above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks from the date of receipt/production of a copy of the present order, are directed to be released on bail on their furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to

Patna High Court CR. MISC. No.18876 of 2019(2) dt.01-04-2019 3/3 the satisfaction of learned Addl. Chief Judicial Magistrate, Bettiah, West Champran, in connection with Balthar P.S. Case No. 52 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Praveen-II/- U T