Rajanti Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53710 of 2018 Arising Out of PS. Case No.-160 Year-2017 Thana- GHOSI District- Jehanabad ======================================================
1. Rajanti Devi, Wife of Baliram Yadav, resident of VillageChhapanna, P.S. Ghoshi, District- Jehanabad.
2. Hemanti Devi, Wife of Sunil Yadav @ Anil Yadav.
3. Sunil Yadav @ Anil Yadav, Son of Ram Chandra Yadav, Both are resident of Sumran Bigha, P.S.- Nimchak Bathani, District- Gaya.
... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. S.K. Lal, Adv.
Mr. Pritish Kumar Lal, Adv.
For the Opposite Party/s :
Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 10-09-2018 Heard Sri S.K. Lal, learned counsel, assisted by Sri Pritish Kumar Lal, learned counsel for the petitioners. Three petitioners, apprehending their arrest in Ghoshi P.S. Case No. 160 of 2017 registered for offence under Sections 341, 323, 147, 149, 307, 379, 504 & 325 of the Indian Penal Code, have prayed for grant of anticipatory bail, in the event of their arrest or surrender.
At the very outset, after noticing the observation of this Court, learned counsel for the petitioners submits that he does not want to press the prayer for anticipatory bail in respect of petitioner no. 3.
Accordingly, the prayer for anticipatory bail in respect of
Patna High Court Cr.Misc. No.53710 of 2018(2) dt.10-09-2018 2/3 petitioner no. 3, namely, Sunil Yadav @ Anil Yadav stands dismissed as not pressed.
However, petitioner no. 3 is directed to surrender before the court below within a period of six weeks from today and pray for regular bail. If such petition is filed, learned court below may examine the same and pass appropriate order in accordance with law.
So far as petitioner nos. 1 & 2, namely, Rajanti Devi and Hemanti Devi respectively are concerned, it has been argued that they are lady and in the case, there is no specific accusation against them and only general and omnibus allegation is there. Besides this, it has been argued that dispute was going on between the parties from before due to land dispute.
Be that as it may, considering the fact that the petitioner nos. 1 & 2 are lady as well as fact that there is general and omnibus allegation against them, let both petitioner nos. 1 & 2, namely, Rajanti Devi and Hemanti Devi, in the event of their arrest or surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two surities of the like amount each to the satisfaction of Sri Mukesh Kumar Mishra, learned Sub-
Patna High Court Cr.Misc. No.53710 of 2018(2) dt.10-09-2018 3/3 Divisional Judicial Magistrate, Jehanabad/concerned court in connection with Ghoshi P.S. Case No. 160 of 2017, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Rakesh Kumar, J.) nawalkrs/- U T