Sunaina Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.60489 of 2017 Arising Out of PS. Case No.-148 Year-2017 Thana- NAUBATPUR District- Patna ======================================================
1. Sunaina Devi W/o Yogendra Rai
2. Gunja Kumari @ Niva Kumari, D/o Yogendra Rai Both resident of Village- Savarchak Goriyani, Police Station- Naubatpur, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nivedita Nirvikar For the Opposite Party/s :
Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-02-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Naubatpur P.S. case no. 148 of 2017 instituted for the offence under Section(s) 147,148,149, 302, 323, 324 and 379 of the Indian Penal Code. It is submitted that the informant and co-accused Yogendra Rai are the full brothers. It is alleged that on the date of occurrence on account of family dispute the petitioners along with Yogendra Rai arrived at the house of the informant and assaulted the son of the informant, namely, Raghwendra Kumar with Farsa, Garasa and Danda etc. causing fracture injury on
Patna High Court Cr.Misc. No.60489 of 2017(3) dt.02-02-2018 2/3 his head. As a result of which, he became unconscious and sent for treatment and during course of treatment he succumbed to his injuries.
These petitioners are wife and daughter of Yogendra Rai. Both of them are lady. There is no allegation of specific overt act against these petitioners.
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Additional Chief Judicial Magistrate-II, Danapur, they shall be released on anticipatory 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 Naubatpur P. S. case no. 148 of 2017, subject to the conditions as laid down under Section 438(2) 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
Patna High Court Cr.Misc. No.60489 of 2017(3) dt.02-02-2018 3/3 the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) shyambihari/- U T