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Patna High CourtCR. MISC./29439/2022bail granted

Paveti Devi v. The State Of Bihar

2023-03-23Mr. Justice Arvind Srivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29439 of 2022 Arising Out of PS. Case No.-311 Year-2021 Thana- ADAPUR District- East Champaran ====================================================== 1.

PAVETI DEVI WIFE OF SURAJ YADAV R/O VILLAGE- BASAT PUR, P.S.- NAKARDEI, DISTRICT- EAST CHAMPARAN 2.

INDU DEVI WIFE OF BHIKHAR YADAV R/O VILLAGE- BASAT PUR, P.S.- NAKARDEI, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava, Adv.

For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 23-03-2023 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in connection with Adapur (Nakardei) P.S. Case No. 311 of 2021 registered under Sections 147, 148, 149, 341, 323, 354, 307/504 of the Indian Penal Code and added Section 302 of the Indian Penal Code. Learned counsel appearing on behalf of the petitioners submits that similarly situated co-accused persons have already been granted bail by a co-ordinate Bench of this Court vide order dated 13.12.2022 passed in Cr. Misc. No. 28209 of 2022. Having considered the facts and circumstances of the

Patna High Court CR. MISC. No.29439 of 2022(4) dt.23-03-2023 2/3 case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate-I, Motihar, East Champaran in connection with Adapur (Nakardei) P.S. Case No. 311 of 2021, subject to the condition as laid down under Section 438(2) of the Cr. P.C. and with other following conditions:- (i) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below. (ii) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the Court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the Court below shall take step for cancellation of bail bonds of the petitioners. However, the

Patna High Court CR. MISC. No.29439 of 2022(4) dt.23-03-2023 3/3 acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

utkarsh/- (Arvind Srivastava, J) U T