Priyanka Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36868 of 2019 Arising Out of PS. Case No.-37 Year-2017 Thana- PATORI DistrictSamastipur ====================================================== 1.

PRIYANKA DEVI, aged about 26 years, female, W/o Shambhu Rai Resident of Village-Hetanpur, P.S.-Patori, District-Samastipur. 2.

Babita Devi, aged about 24 years, female, W/o Amarnath Ray Resident of Village-Dhamoul, P.S.-Patori, District-Samastipur. ... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Vinay Kumar Mishra, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-06-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 304(B), 201/34 of the Indian Penal Code registered in connection with Patori P.S. Case No. 37 of 2017.

3. It is submitted that the petitioners have been falsely implicated and in any event after due investigation police has submitted final form and differing from the same, cognizance has been taken. The petitioners are both married nanads of the deceased and had no concern with day to day matters with the deceased and her husband. Co-accused Jagmani Rai, father-in-law of the deceased, has been granted anticipatory bail by this Court in Cr. Misc. No. 28918 of 2017. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners'

Patna High Court CR. MISC. No.36868 of 2019(2) dt.17-06-2019 2/2 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 learned Chief Judicial Magistrate, Samastipur in connection with Patori P.S. Case No. 37 of 2017, 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 cooperate 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) That the petitioners shall be well represented in Court on each and every date during trial except as and when directed by the learned Court to be physically present in Court, 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) Ibrar/BT U T