← Library
Patna High CourtCR. MISC./25976/2020bail granted

Mundrika Devi v. The State Of Bihar

2021-01-30Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25976 of 2020 Arising Out of PS. Case No.-14 Year-2020 Thana- JALALGARH District- Purnia ====================================================== 1.

Mundrika Devi, W/o Uttam Lal Pandit, Resident of Village-Kema, P.SJalalgarh, District-Purnia. 2.

Gita Devi, W/o Pradip Pandit, Resident of Village-Kema, P.S-Jalalgarh, District-Purnia.

3.

Deepa Devi, D/o Uttam Lal Pandit, Resident of Village-Kema, P.S-Jalalgarh, District-Purnia.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hemant Kumar, Adv.

For the Opposite Party/s :

Mr.Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 30-01-2021 Heard learned counsel for the petitioners and Mr. Yogendra Kumar, learned APP for the State.

The petitioners in the present case are seeking prearrest bail in connection with Jalalgarh P.S. Case No.14/2020 registered for the offences punishable under Sections 341, 323, 324, 325, 307, 504 and 506/34 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. Learned counsel submits that these petitioners are female members of the family, altogether eight persons are named in the First Information Report and the allegations are general and

Patna High Court CR. MISC. No.25976 of 2020(4) dt.30-01-2021 2/3 omnibus. It is submitted that in the F.I.R. there is no specific overt act has been alleged against these petitioners and the petitioners have otherwise no criminal antecedent Learned APP for the State has though opposed the prayer for pre-arrest bail of the petitioners, but after going through the case diary he is unable to show that any specific overt act has been alleged against these petitioners.

Having regard to the facts and circumstances of the case wherein these petitioners are female members of the family, altogether eight persons are named in the First Information Report and the allegations are general and omnibus, learned APP for the State having gone through the case diary is unable to show that any specific overt act has been alleged against these petitioners, the petitioners have otherwise no criminal antecedent, let the petitioners above-named in the event of their arrest or surrender within a period of four weeks from today in connection with Jalalgarh P.S. Case No.14/2020 be released on bail on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M.

, Purnia, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. i.e.

Patna High Court CR. MISC. No.25976 of 2020(4) dt.30-01-2021 3/3 available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or 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. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajeev Ranjan Prasad, J) arvind/- 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'.