Sadhana Devi @ Sadhana Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38772 of 2019 Arising Out of PS. Case No.-198 Year-2018 Thana- BHAGWANPUR District- Begusarai ====================================================== 1.
SADHANA DEVI @ SADHANA KUMARI Wife of Late Rakesh Kumar Resident of Village - Badiya, P.S.- Bhagwanpur, District- Begusarai 2.
Ramcharitra Mahto Son of Late Rambharos Mahto Resident of Village - Chakba, P.S.- Khodawandpur, District- Begusarai 3.
Shivnandan Mahto Son of Ramcharitra Mahto Resident of Village - Chakba, P.S.- Khodawandpur, District- Begusarai 4.
Parmanand Mahto Son of Ramcharitra Mahto Resident of Village - Chakba, P.S.- Khodawandpur, District- Begusarai ... ... Petitioners
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Sandip Kumar Gautam For the Opposite Party/s :
Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-06-2019 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Bhagwanpur P.S. Case No. 198 of 2018 for the offence punishable under Sections147, 149, 341, 323, 452, 380, 325 and 307 of the Indian Penal Code and Section 27 of the Arms Act. The petitioner No. 1 is the daughter-in-law of the informant and widow of the informant's son, whereas petitioners No. 2 to 4 are relatives of petitioner No.1. It is alleged that these petitioners and other 15 persons entered into the house of the informant, ransacked the articles, assaulted the informant and his family members and took away certain
Patna High Court CR. MISC. No.38772 of 2019(2) dt.25-06-2019 2/3 valuables.
Learned counsel appearing on behalf of the petitioners has submitted that one similarly circumstanced coaccused has been granted anticipatory bail by this Court by order dated 27.02.2019 passed in Cr. Misc. No. 12231 of 2019. It has also been argued that the petitioners have been implicated because they are trying to ensure that petitioner No.1 and the sons of petitioner No.1 get their share in the joint family property, to which they are entitled.
Be that as it may, in the facts and circumstances, case for grant of anticipatory bail is made out. This application is accordingly allowed.
Let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Begusarai, in Bhagwanpur P.S. Case No. 198 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case
Patna High Court CR. MISC. No.38772 of 2019(2) dt.25-06-2019 3/3 may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Pawan/- U T