Rita Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46100 of 2018 Arising Out of PS.Case No. -183 Year- 2014 Thana -BHORE District- GOPALGANJ ======================================================

1. Rita Devi, W/o Chhabila Singh, R/o Vill.- Kheduwapur Banwa Tola, P.S.- Bhorey, District- Gopalganj.

2. Raju Singh S/o Babunand Singh, R/o Vill.- Baikunthpur, P.S.- Bhorey, District- Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lokesh Kumar Singh For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-08-2018 Heard learned counsel for the petitioners as well as the State.

The petitioners apprehend their arrest in S.Tr. No. 61/2015, arising out of Bhorey P.S. Case No. 183/2014, instituted for the offences punishable under Sections 302, 120(B) and 379 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that in the written report, mere suspicion has been raised against these petitioners. There is specific allegation of assaulting the daughter of informant with lathi and danda causing serious injury against co-accused Sukhwariya Kunwar, Devanti Devi and Kamli Kumari. From the written report, it appears that there is no specific allegation of assault against these petitioners. The petitioners have

Patna High Court Cr.Misc. No.46100 of 2018 (2) dt.16-08-2018 2/2 clean antecedent.

Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in Sessions Trial no. 61/2015, arising out of Bhorey P.S. Case No. 183/2014, 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 learned Fast Track Court II, Gopalganj, subject to the conditions as laid down under Section 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.) Rakhi U T