Patna High CourtCR. MISC./13934/2015bail granted

Manliya Devi And ANR v. The State Of Bihar

2015-07-23Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13934 of 2015 Arising Out of PS.Case No. -214 Year- 2014 Thana -BODHGAYA District- GAYA ======================================================

1. Manliya Devi, W/o Krishna Bhagat.

2. Kanti Devi, W/o Ganesh Bhagat Both are R/o Village- Rampur, P.S. -Bodh Gaya, District -Gaya. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Satya Veer, Advocate For the Opposite Party/s : Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 4 23-07-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek anticipatory bail in connection with Bodh Gaya P.S. Case No. 214 of 2014 registered under Sections 364 and 379 read with 34 of the Indian Penal Code. It is contended that though the occurrence is alleged to have taken place on 23.05.2012, a complaint was lodged on 13.06.2012 which was referred to police under Section 156(3) of the Code of Criminal Procedure for investigation pursuant to which FIR was belatedly instituted on 16th July, 2014. Referring to the statement of the two victims recorded under Section 164

Patna High Court Cr.Misc. No.13934 of 2015 (4) dt.23-07-2015 2 / 2 of the Code of Criminal Procedure, it has been submitted that there is no allegation as far as the petitioners are concerned. The victim Malti Devi has made allegations against co-accused Manju Bhagat and Mithilesh Bhagat.

Learned APP for the State has opposed the prayer for anticipatory bail.

Regard being had to the facts and circumstances of the case, in the event of arrest or surrender in the court below within a period of six weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Bodh Gaya P.S. Case No. 214 of 2014 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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