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Patna High CourtCR. MISC./15988/2018bail granted

Rani Hansda And ANR v. The State Of Bihar

2018-04-06Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15988 of 2018 Arising Out of PS.Case No. -94 Year- 2017 Thana -CHANDMUNDI District- JAMUI ======================================================

1. Rani Hansda, W/o Sintu Hembram,

2. Rambha Tuddu W/o Hublal Hembram, Both R/o Village- Ban Pokhre, P.S.- Chandramandih, Distt.- Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brajesh Sahay For the Opposite Party/s : Mr. Sri Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-04-2018 Heard the learned counsels for the parties.

The petitioners seek bail in anticipation of their arrest in connection with Chandramandi P.S. Case No. 94/2017 dated 03.09.2017 instituted for the offences under Sections 147, 148, 149, 341, 323, 324, 307, 504, 506 and 153(A) of the Indian Penal Code read with Sections 3⁄4 of the Explosive Substance Act, 1883. One Ravan Hembram has alleged that on 02.09.2017, the petitioners and others were asking the villagers not to participate in the Karma Festival but to celebrate Christian Festival. While doing so, some of the miscreants exploded bomb, which led to injuries on many persons. One of the accused persons, viz. Vinod Murmu was arrested on the spot. Since he was also injured by the splinters of the bomb which had been exploded by the accused persons, he was sent to Deoghar for treatment. The learned counsel for the petitioners has submitted

Patna High Court Cr.Misc. No.15988 of 2018 (2) dt.06-04-2018 2/2 that but for naming the petitioners in the F.I.R. and that also as being the wives of the accused persons, nothing specific has been alleged against them. It is not certain whether, apart from Vinod Murmu, any body else was armed with a bomb, which cannot be ascertained from the F.I.R. or for that matter from the investigation reports. It is also not known that the petitioners were aware that the persons who were exhorting the people of the village not to perform Karma Festival were armed with any lethal weapons or bombs. It has further been submitted that only because the petitioners are Christians, that they have been made accused in this case.

Since, nothing has been alleged against the petitioners in the F.I.R., they are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bond in the sum of Rs. 10,000/- (Ten Thousand), with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. I, Jamui in connection with Chandramandi P.S. Case No. 94/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Ashutosh Kumar, J.) Rakhi U T