Shanti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 21395 of 2020 Arising Out of P.S. Case No.-20 Year-2020 Thana-Dhanaura District- Patna ======================================================
1. Shanti Devi, wife of Upendra Choudhary
2. Sarita Devi, wife of Kapendra Choudhary Both the above are resident of Dost Mahmadpur, P.S. Dhanarua, District Patna.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Sanjiv Sharan For the Opposite Party :
Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-07-2020 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Dhanarua P.S. Case No. 20 of 2020, disclosing the offence punishable under Section 307 and other allied Sections of the Indian Penal Code.
The petitioners are ladies and they belong to same family. Allegedly, they entered into the informant's house armed with lathi and assaulted the informant, causing injuries in her hand. The informant's son and husband also sustained injuries, it is alleged.
2/4 Learned counsel appearing on behalf of the petitioners has submitted that several persons of the same family have been made accused in the FIR against whom the allegations are general and omnibus. He has further argued that for the occurrence alleged to have taken place on 01.01.2020, the FIR has been registered on 17.01.2020 and there is absolutely no valid explanation for the delay in lodging of the FIR.
Considering the aforesaid submission and the contents of the FIR, a case for grant of anticipatory bail is made out. This application is allowed.
Let the petitioners, above-named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned S.D.J.M., Masaurhi, Patna in Dhanarua P.S. Case No. 20 of 2020, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the Police/ Court, as the case may be, as and when required and in the
3/4 event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
It is also indicated that defects, if any, shall be removed within two months from today.
Since there is a lockdown, the Court has considered it appropriate to adopt following procedure for communication of the present order:- (i) The order, which has been dictated during the course of the proceedings of virtual Court, shall be communicated to me on my e-mail I.D. by the Secretary. (ii) The corrected copy of the order shall be transmitted by me from my e-mail I.D. to the Secretary, which shall be treated to be the authentic copy of the order passed by this Court today in the present proceeding. (iii) Hard copy of the order, duly signed by me, shall be preserved in my residential office for documentation and future use, if any.
(iv) Let a copy of the order be communicated to the learned court below through e-mail or any other appropriate electronic mode by the Registry.
Let steps be taken by the Registry for uploading
4/4 of the present order without compromising with the norms of social-distancing.
Rajesh/- (Chakradhari Sharan Singh, J) U