Laxmi Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49702 of 2014 Arising Out of PS.Case No. -125 Year- 2014 Thana -RIGA District- SITAMARHI ======================================================
1. Laxmi Devi Wife of Kripasindhu Paswan
2. Kripasindhu Paswan Son of Late Ram Lagan Paswan Both resident of village Riga Station Tola P.S. Riga District Sitamarhi .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Nirmal Kumar Sinha-3 For the Opposite Party : Mr. M.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 20-05-2015 Heard both sides.
Petitioners apprehend their arrest in connection with Riga P.S. case no. 125 of 2014 instituted under Sections 147,148,323,447,452, 379, 354 and 504 of the IPC. The petitioner no.2 is the husband of petitioner no.1. The complainant-cum- informant is own brother of petitioner no.2. They live in a joint house. With respect to an occurrence taken place on 26.3.2014 the complaint was lodged on 5.7.2014 which was later treated as an First Information Report on 12.7.2014.
The allegation is that the petitioners abused the informant and his wife and mother and also assaulted the wife and
Patna High Court Cr.Misc. No.49702 of 2014 (3) dt.20-05-2015 2/3 committed theft of 'Mangalsutra'. From the impugned order, it appears that the mother of the petitioner no.2 appeared before the Court to state that the petitioner no.2 was not taking her care. Learned counsel states that petitioners are willing to support her and would deposit a sum of Rs. 3,000/- (Three thousand) for the use of the mother of petitioner no.2 along with bail bonds. It has also been stated that the petitioners would desisting from committing any such occurrence if granted the privilege of anticipatory bail.
Regard being had to the above, let the petitioners, named above, in the event of their arrest/surrender before the learned Court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Riga P.S. case no. 125 of 2014, subject to the condition as laid down under Section 438(2) of the Cr.P.C. with following conditions:- (i) One of the bailors in each case shall be the own/close family members of the petitioner.
Patna High Court Cr.Misc. No.49702 of 2014 (3) dt.20-05-2015 3/3 (ii) As soon as the charges are framed the petitioners shall appear in person before the trial Court on the date(s) fixed at the trial. In case of default in such appearance on two consecutive dates, the trial Court shall have liberty to cancel the bail bonds of the petitioners and secure their arrest in accordance with law.
(iii) Along with the bail bonds the petitioners shall deposit in cash with the Nazarat a sum of Rs. 3,000/- (Three thousand) which the mother of the informant will be at liberty to withdraw for her own use.
(Kishore Kumar Mandal, J) Shyam/- U T