Sumitra Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76615 of 2018 Arising Out of PS. Case No.-297 Year-2018 Thana- ISLAMPUR District- Nalanda ====================================================== 1.

Sumitra Devi W/o Jagdish Ram 2.

Jawahar Sao S/o Dularchand Sao 3.

Lalti Devi W/o Chandeshwar Yadav 4.

Ramjani Devi W/o Arjun Sao All Resident of Village-Asrafpur,P.S. Islampur,Distt.-Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Kumar For the Opposite Party/s :

Mr.J.K.Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-03-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 406,420/511 IPC registered in connection with Islampur P.S. Case No. 297/2018.

3. It is submitted that the petitioners have been falsely implicated on the accusation that money was sought to be withdrawn on the basis of photograph of old septic tank. A statement is made at the Bar on instruction that the petitioners have not received any money for construction of septic tank under the Government scheme. The petitioners claim clean antecedents.

4. Be that it may, in the event of petitioners arrest or surrender within four weeks hereof let the above named petitioners be released on provisional anticipatory bail on furnishing bail bond of Rs.10,000/- [ten thousand] each with two

Patna High Court CR. MISC. No.76615 of 2018(3) dt.15-03-2019 2/2 sureties of like amount each to the satisfaction of learned ACJMIII, Hilsa, Nalanda in connection with Islampur P.S. Case No. 297/2018 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 nos. 1, 3 and 4 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.

5. The provisional bail shall be confirmed upon verification that the petitioners have not received any amount from the Government fund for the purpose of construction of septic tank. (Vikash Jain, J) Chandran/- U T