Priyanka Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28997 of 2020 Arising Out of PS. Case No.-92 Year-2020 Thana- KAUWAKOL District- Nawada ====================================================== 1.

PRIYANKA DEVI W/o Mukesh Ravidas Resident of Village -Shekhodeora, P.S.-Kowakole, District-Nawada.

2.

Chamelia Devi W/o Rajesh Ravidas Resident of Village- Shekhodeora, P.S.- Kowakole, District-Nawada.

3.

Arun Ravidas S/o Karm Ravidas Resident of Village-Shekhodeora, P.S.- Kowakole, District-Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Verma, Adv.

For the Opposite Party/s :

Ms. Pushpa Sinha APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 21-12-2020 As of now, the Courts have not resumed normal physical hearing. The matter has been listed today for consideration through Video Conferencing.

Learned counsel are appearing and making submissions from their residence. The Court master and Secretary are also part of this virtual Court proceedings with the aid of audio visual technology.

Ms. Pushpa Sinha, learned APP, is appearing as it is submitted that the brief has been allotted to her by the office of Advocate General. Her name may also be printed in the cause list.

Patna High Court CR. MISC. No.28997 of 2020(4) dt.21-12-2020 2/3 Heard learned counsel for the petitioners and learned APP for the State .

Learned counsel for the petitioners is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon.

The petitioners seek bail in Kawakole P.S. Case no. 92 of 2020 instituted for the offence under Sections 147, 148,149,341,323,324,447,448,302,307 and 504 of the IPC . One Shiv Balak Ravi Das, as per prosecution case, has initially come to the informant's house and has been driven away to return with 17 accused persons including the petitioners.

Petitioners' counsel submits that petitioner nos. 1 and 2 are female members and they, along with petitioner no.3, have been made accused on extraneous consideration, of taking away and assaulting the two brothers of the informant. The postmortem report does not support the allegation inasmuch as only two injuries have been found on the body of the two brothers of the informant though there is allegation of beating by 17 accused persons. Having no criminal antecedents, petitioners are in custody since 30.03.2020 and their implication

Patna High Court CR. MISC. No.28997 of 2020(4) dt.21-12-2020 3/3 is only on account of some relation with one of the family members of the co-accused, namely, Shiv Balak Ravi Das. The learned APP has opposed the prayer for bail. Considering the aforesaid, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of the CJM Nawada, in connection with Kawakole P.S. Case no. 92 of 2020 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners.

(ii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T