Patna High CourtCR. MISC./41637/2016bail granted

Anita Devi And ANR v. The State Of Bihar

2016-09-29Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41637 of 2016 Arising Out of PS.Case No. -61 Year- 2016 Thana -MAHILA P.S. District- SIWAN ======================================================

1. Anita Devi Wife of Shailendra Kumar Tiwari

2. Durgawati Devi Wife of Shailesh Tiwari Both Resident of villageSondhani, P.S.- Bhagwanpur Hat, District- Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Awadhesh Kumar Pandey For the Opposite Party/s : Mr. Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 29-09-2016 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Siwan Mahila Police Station Case No. 61 of 2016, disclosing offences under Sections 354(D), 376, 341, 323 and 506 of the Indian Penal Code.

Learned Counsel appearing on behalf of the petitioners appears to be correct in his submission that the allegation made in the First Information Report that someone would commit rape with the aid of her sister-inlaws is highly improbable and unbelievable. Petitioner is a lady.

Considering the above submission, this

Patna High Court Cr.Misc. No.41637 of 2016 (2) dt.29-09-2016 2/2 application is allowed.

Let the petitioners, namely, Anita Devi and Durgawati Devi, in the event of their arrest or surrender before the Court below within six weeks, 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 learned Sub Divisional Judicial Magistrate, Siwan, in connection Siwan Mahila Police Station Case No. 61 of 2016, subject to the condition 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 event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/-c U √ T √