Phoolo Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54778 of 2017 Arising Out of PS.Case No. -346 Year- 2017 Thana -BAHADURPUR District- DARBHANGA ======================================================

1. Phoolo Devi, wife of Ranjay Yadav @ Ranjay Kumar Yadav.

2. Ranjay Yadav @ Ranjay Kumar Yadav, son of Sitakant Yadav. Both are resident of Village- Dasyhing, Police Station- Bahadurpur, DistrictDarbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Syed Ashfaque Ahmad For the Opposite Party/s : Mr. Sri Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-11-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Bahadurpur P.S. Case No. 346 of 2017 instituted for the offence under Sections-307, 379 & other minor Sections of the Indian Penal Code. It has been submitted that petitioners are husband and wife. The injury report of the injured has been enclosed as Annexure-2 to this petition which shows that one fracture injury on shaft of tibia was found. Besides this, no any other injury was found. There is allegation that both these petitioners assaulted the informant with Farsa and Tengari upon her leg resulting in cut injury and blood came out.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event

Patna High Court Cr.Misc. No.54778 of 2017 (2) dt.15-11-2017 2/2 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 sureties of the like amount each in connection with in Bahadurpur P.S. Case No. 346 of 2017 to the satisfaction of learned Chief Judicial Magistrate, 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