Nand Rani Kuwar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36529 of 2018 Arising Out of PS. Case No.-344 Year-2016 Thana- GHORASAHAN District- East Champaran ======================================================

1. Nand Rani Kuwar, W/o Late Baliram Singh

2. Bitu Singh @ Bitu Kumar, S/o Late Baliram Singh

3. Suraj Kumar, S/o Late Baliram Singh, All are r/o village- Fulwar, P.S.- Lakhaura, Dist.-East Champaran.

... ... Petitioners

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 28-06-2018 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Ghorasahan P.S. Case No.344 of 2016, registered for the offence punishable under Sections 341, 323, 324, 325, 379 and 307 of the Indian Penal Code. Allegation has been made that the petitioners have assaulted the victim by different weapons.

The petitioner no.1 is the lady and there is no

Patna High Court Cr.Misc. No.36529 of 2018(2) dt.28-06-2018 2/3 specific role has been attributed to her.

Considering the aforesaid fact, let the petitioner no.1, namely, Nand Rani Kuwar, be released on anticipatory bail in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Sessions Judge, East Champaran, Motihari, in connection with Ghorasahan P.S. Case No.344 of 2016, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. Further condition is that whenever the police will call the petitioner no.1 for the purposes of investigation and interrogation, she will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled.

So far the bail of petitioner nos. 2 and 3 is concerned, the same is rejected. However, if the petitioner nos. 2 and 3 surrender before the Court below within four weeks from today and pray for regular bail, the Court below will consider the same and pass appropriate order on the same day without being influenced by the order of this Court. While considering the bail

Patna High Court Cr.Misc. No.36529 of 2018(2) dt.28-06-2018 3/3 application, the Court below will also consider the fact that other co-accused persons have been granted regular bail by this Court.

(Shivaji Pandey, J) pawan/- U