Smt. Lilawati Devi And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.40255 of 2017 (2) dt.21-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40255 of 2017 Arising Out of PS.Case No. -99 Year- 2017 Thana -BARAHIYA District- LAKHISARAI ======================================================

1. Smt. Lilawati Devi, W/o Ram Manoj Paswan @ Ramanuj Paswan,

2. Tanuja Kumari D/o Ramanuj Paswan @ Ram Manoj Paswan, R/o Village- Jalapur Nauranga, P.S.- Maranchi, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Parmod Kumar, Advocate. For the Opposite Party/s : Md. Sufiyan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-09-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Barahiya P.S. Case No. 99 of 2017 instituted for the offence under Sections 366(A) of the Indian Penal Code and Section 8 of POCSO Act. It has been submitted that petitioners are ladies. There is no any specific allegation of overt act against them. The First Information Report has been lodged on 23.05.2017 after delay of two days of the occurrence.

From the written report itself it appears that there is general and omnibus allegation against the petitioners. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the

Patna High Court Cr.Misc. No.40255 of 2017 (2) dt.21-09-2017 event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Barahiya P.S. Case No. 99 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 learned Additional Sessions Judge-I, Lakhisarai, 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners 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) S.Ali/- U T