Patna High CourtCR. MISC./59070/2017bail granted

Sumitra Devi And ANR v. The State Of Bihar

2017-12-12Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59070 of 2017 Arising Out of PS.Case No. -174 Year- 2017 Thana -LAKHNAUR District- MADHUBANI ======================================================

1. Sumitra Devi, W/o Ram Bahadur Mahto,

2. Rani Kumari D/o Ram Bahadur Mahto, Both R/o Village- Lakshmipur, Kaithiniya, P.S.- Lakhnour, (R.S.O.P.), District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Baleshwar Kamat For the Opposite Party/s : Mr. Dr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-12-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Lakhnaur (R.S. O.P.) P.S. Case No. 174 of 2017 instituted for the offence under Sections307, 354 & other minor Sections of the Indian Penal Code. Both petitioners are ladies.

It has been submitted that there is general and omnibus allegation against the petitioners.

Counsel for the informant has appeared and opposed the prayer submitting that there is allegation against these petitioners also of making assault.

From the written report, it appears that there is specific allegation of assault against co-accused Laxman Mahto and Ram Bahadur Mahto.

In such circumstances, prayer for anticipatory bail is

Patna High Court Cr.Misc. No.59070 of 2017 (2) dt.12-12-2017 2/2 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 sureties of the like amount each in connection with in Lakhnaur (R.S. O.P.) P.S. Case No. 174 of 2017 to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Jhanjharpur, Madhubani 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.