Pinki Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6163 of 2018 Arising Out of PS.Case No. -137 Year- 2017 Thana -KHAJEKALA District- PATNA ======================================================

1. Pinki Devi, wife of Munna Lala,

2. Bijendra Kumar, son of Balgobind Kewat, both are residents of villageJhopad Patti, Neem Ghat, Police Station- Khaje Kalan, Sub-Division, Patna-City, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Srivastava, Advocate For the Opposite Party/s : Mr. Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 17-02-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Khaje Kalan P.S. Case No.137 of 2017 instituted for the offence under Section(s) 147, 148, 149, 302, 201 Indian Penal Code. Counsel for the petitioners has submitted that other co-accused of this case with similar allegation has already been granted anticipatory bail by a co-ordinate Bench of this Court by order dated 09.02.2018 passed in Cr. Misc. No.7190 of 2018. From the written report, it appears that name of these petitioners have been given on the basis of CCTV footage. In the written report, there is allegation that the deceased was assaulted by 25 named accused persons and 50-60 other persons

Patna High Court Cr.Misc. No.6163 of 2018 (3) dt.17-02-2018 2/2 with bricks, stones etc.

In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Khaje Kalan P.S. Case No.137 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the SubDivisional Judicial Magistrate, Patna City, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bonds and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) JA/- U T