Indrish Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1726 of 2018 Arising Out of PS. Case No.-848 Year-2017 Thana- JAHANABAD District- Jehanabad ======================================================

1. Indrish Devi, W/o Pramod Singh

2. Soni Devi, W/o Guddu Singh, Both are R/o Mohalla- East Lane, Utna, P.S. Jehanabad, District- Jehanabad.

... ... Appellant/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Rajesh Kumar, Advocate For the Respondent/s :

Smt. Usha Kumari No.-1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-05-2018 Heard learned counsel for the appellants and learned Spl. P.P. for the State.

This appeal has been preferred against the impugned order dated 16.04.2018 passed by the learned 1st Additional Sessions Judge, Jehanabad, in connection with Jehanabad P.S. Case No. 848 of 2017 registered for the offence under Sections 225,353/34 of the Indian Pena Code and Section 3(1)(r)(s) of SC/ST Act, by which the prayer for anticipatory bail of the appellant has been rejected.

Learned counsel for the appellants submits that these appellants are ladies. In the written report it is alleged that the police party went in the house of Guddu Singh in connection with Jehanabad P.S. Case No. 478 of 2016 along with other

Patna High Court CR. APP (SJ) No.1726 of 2018(2) dt.24-05-2018 2/3 police personnel. It is further alleged that when the raiding party reached the house of accused Guddu Singh, he started running away. It is alleged that these appellants and other accused persons caught hold of the informant and get accused Guddu Singh fled away. It has been further submitted that these appellants are mother and wife of accused Guddu Singh. In the facts and circumstances of the case, this appeal is allowed and the impugned order 16.04.2018 passed by 1st Additional Sessions Judge, Jehanabad, in connection with Jehanabad P.S. Case No. 848 of 2017 is hereby set aside. Let the appellant, above named, in the event of surrender/arrest within six weeks from today, in connection with Jehanabad P.S. Case No.

848 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 1st Additional Sessions Judge, Jehanabad, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

Patna High Court CR. APP (SJ) No.1726 of 2018(2) dt.24-05-2018 3/3 without proper and reasonable reason will be liable to cancel their bail bond and (3) if appellants 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 appellants. (Sanjay Priya, J) khushbu/- U T