Patna High CourtCR. MISC./17508/2016bail granted

Asha Devi And ORS v. The State Of Bihar

2016-04-26Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17508 of 2016 Arising Out of PS.Case No. -273 Year- 2009 Thana -KRITYANAND NAGAR District- PURNIA ======================================================

1. Asha Devi wife of Tappan Sarkar

2. Maya Devi wife of Kota Sarkar

3. Raj Kumari Devi D/o Kota Sarkar, All resident of village- K. Nagar, P.S. K. Nagar, District- Purnea .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Avnish Kumar For the Opposite Party/s : Mr. Anuj Kumar Srivastava (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-04-2016 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 447,341,323,324,326,307 and 504/34 of the Indian Penal Code. The prosecution case is that on the date of occurrence the brother in law (Devar) of the informant namely Parikhuwa Sarkar while coming to the house caused some injury to the daughter of Dinesh Kumar namely Joyti Kumari, as a result Jyoti and her father assaulted the brother in law of the informant. It is further alleged that the informant and her husband were also being assaulted with lathi, danda and knife.

It is submitted by the learned counsel for the petitioners

Patna High Court Cr.Misc. No.17508 of 2016 (2) dt.26-04-2016 2/2 that the accusation is not specific against the petitioners. On conclusion of investigation the petitioners were not sent up for trial but differing with the final form cognizance has been taken in 2013. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the fact that the petitioners are ladies and were not sent up for trial on conclusion of investigation, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Purnea in connection with K. Nagar P.S. Case No. 273 of 2009 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T