Baby Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38796 of 2018 Arising Out of PS.Case No. -70 Year- 2018 Thana -SULTANGANJ District- PATNA ======================================================
1. Baby Devi Wife of Gulab Sao.
2. Puja Devi, Wife of Suraj Sao. Both resident of Village- Shivpur, Tikiya Toli, P.S.- Sultanganj, District- Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Jay Ram Prasad For the Opposite Party/s : Mr. Sri Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-07-2018 Heard the parties.
The petitioners are apprehending their arrest in connection with Sultanganj P.S. Case No. 70 of 2018, registered for the offences punishable under Sections 225, 353, 504, 34 of the Indian Penal Code.
Allegation against the petitioners is that acting upon a tip of the secret information the police went to intercept one coaccused who was dealing in smack like substance with the petitioners and recovered from his house. While the police party was preparing seizure list of the recovered articles the petitioners along with one co-accused started abusing the police party and scuffled with them due to which the co-accused fled away. Submission of learned counsel for the petitioners is that the petitioners have been falsely implicated in this case and,
Patna High Court Cr.Misc. No.38796 of 2018 (2) dt.04-07-2018 2/2 moreover they are ladies.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of six weeks from today, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VI, Patna City, in connection with Sultanganj P.S. Case No. 70 of 2018, subject to conditions as laid down under section 438 (2) of the Code of Criminal Procedure and further conditions are that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned and further condition is that they have to co-operate in the investigation of the case and make himself available as and when required by the police, otherwise the prosecution is free to move for cancellation of their bail bonds.
With the aforesaid observation, this application is allowed.
(Vinod Kumar Sinha, J) AnilKrSinha/- U