Bhuli Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47994 of 2017 Arising Out of PS.Case No. -37 Year- 2017 Thana -ALINAGAR District- DARBHANGA ======================================================

1. Bhuli Devi W/o Shri Harinandan Choupal,

2. Kanchan Devi W/o Shri Sudhir Choupal, Both R/o Village- Gosava, P.S.- Alinagar, District- Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjit Kumar Singh For the Opposite Party/s : Mr. Sri Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-10-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Alinagar P.S. Case No. 37 of 2017 instituted for the offence under Sections-376, 341, 323 of the Indian Penal Code and Sections-4/6 of POCSO Act. It has been submitted that the specific allegation of committing overt act is against co-accused, Sudhir Chouhan. These petitioners are mother and wife of Sudhir Chouhan. From the written report, it appears that there is general and omnibus allegation against the petitioners.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two

Patna High Court Cr.Misc. No.47994 of 2017 (2) dt.16-10-2017 2/2 sureties of the like amount each in connection with in Alinagar P.S. Case No. 37 of 2017 to the satisfaction of Additional District & Sessions Judge-I-cum-Special Judge (POCSO) Act), Darbhanga subject to condition as laid down u/S 438(2) of the 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) A.K.V./- U T