Sanju Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1358 of 2018 Arising Out of PS.Case No. -205 Year- 2016 Thana -SHIVSAGAR District- SASARAM (ROHTAS) ======================================================

1. Sanju Devi, Wife of Nitya Nand Singh,

2. Urmila Devi, Wife of Anand Kumar Singh, Both resident of Village- Morikap O.P. (P.S. Sheosagar (Baddi), DistrictRohtas. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Dudh Nath Singh, Advocate For the Opposite Party/s : Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 19-01-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Sheosagar P.S. Case No.205 of 2016 registered under Sections 341, 323, 504, 506, 379, 380, 387, 354C, 307, 419 and 420 read with 34 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioners that it would be evident from perusal of the first information report that the land dispute is going on between the parties from much before the institution of the present case. It would further be evident that no criminality is attracted against

Patna High Court Cr.Misc. No.1358 of 2018 (2) dt.19-01-2018 the lady petitioners in the first information report. The allegation against them has been made on the basis of hearsay evidence. He submitted that the petitioners are law abiding citizens and having got roots in the society, they are not likely to abscond or tamper with the evidence.

On the other hand, learned counsel for the State submitted that the points raised by the petitioners may be a ground for grant of regular bail, but it is not a fit case for grant of pre-arrest bail.

Having regard to the nature of allegation made in the FIR and the submissions made above, in the event of arrest or surrender in the court below within six weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-IV, Rohtas at Sasaram in connection with Sheosagar (Baddi) P.S. Case No.205 of 2016 subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Ashwani Kumar Singh, J.) Sanjeet/- U T