Parwati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30131 of 2019 Arising Out of PS. Case No.-362 Year-2018 Thana- ALOULI District- Khagaria ====================================================== 1.

PARWATI DEVI W/o Late Rambachan Singh Resident of Village-Icharuwa, P.S.-Alauli, District-Khagaria.

2.

Kishan Kumar @ Kishandeo Singh @ Kishan Singh Son of Late Rambachan Singh Resident of Village-Icharuwa, P.S.-Alauli, DistrictKhagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 10-05-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 366/34 IPC registered in connection with Alauli P.S. Case No. 362/2018.

3. It is submitted that the petitioners, being the mother and elder brother respectively of Rahul Singh, former lover of the so-called victim lady, have been falsely implicated. In her statement recorded under Section 164 Cr.P.C. the informant's daughter has stated that owing to domestic violence by her husband and in-laws she had voluntarily left her matrimonial home six months ago to the aforesaid Rahul Singh. The informant's daughter is said to be 32 years of age. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of

Patna High Court CR. MISC. No.30131 of 2019(2) dt.10-05-2019 2/2 learned CJM, Khagaria, in connection with Alauli P.S. Case No. 362/2018, subject to the conditions as laid down under Section 438

(2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner no. 1 shall be well represented and petitioner no. 2 shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Chandran/- U T