Dhuro Devi And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38717 of 2015 Arising Out of PS.Case No. -73 Year- 2013 Thana -BIHPUR District- BHAGALPUR ======================================================

1. Dhuro Devi, W/o Sone Lal

2. Kanchan Kumari, D/o Sone Lal

3. Anjan Kumari, D/o Sone Lal

4. Chandan Kumari, D/o Sone Lal All are Resident of Village- Jhandapur, P.S.- Bihpur, District- Bhagalpur.

5. Shivnandan Ram, S/o Late Jagdev Das, Resident of Village- Radhopur Nankar, P.S.- Parbatta, District- Khagaria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar, Advocate For the Opposite Party/s : Mr. Shyam Bihari Singh(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 30-01-2016 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioners are apprehending their arrest in connection with Bihpur (Jhandapur) P.S. Case No.73 of 2013 for allegedly having committed the offences under Sections 363, 365 and 376/34 of the Indian Penal Code. Having heard learned counsel for the petitioners and the learned counsel for the State and also after consideration of the case diary, let Petitioner No.2, 3, 4 and 5, namely, Kanchan Kumari, Anjan Kumari, Chandan Kumari and Shivnandan Ram, respectively, in the event of their arrest or surrender

Patna High Court Cr.Misc. No.38717 of 2015 (3) dt.30-01-2016 2 / 2 before the court below within a period of four weeks from the date of receipt/production of a copy of this order, 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, Bhagalpur, in connection with Bihpur (Jhandapur) P.S. Case No.73 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. So far as the prayer for anticipatory bail of Petitioner No.1 Dhuro Devi is concerned, considering the materials available in the case diary and the statement of the victim girl under Section 164 of the Cr.P.C. in which the victim girl has taken her name as one of the accomplices who took the girl to the field after which she was recovered in an unconscious state after having been subjected to severe and brutal rape, I am not inclined to grant anticipatory bail to this petitioner. It is, accordingly, rejected.

(Anjana Mishra, J) PNM U T