Kunti Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52506 of 2018 Arising Out of PS.Case No. -205 Year- 2018 Thana -ISLAMPUR District- NALANDA (BIHARSHARIFF) ======================================================
1. Kunti Devi W/o Jagarnath Prasad Shah
2. Jagarnath Pd. Shah son of Late Jagan Shah
3. Jyoti Kumari D/o Jagarnath Prasad Shah
4. Pawan Kumar alias Guddu son of Jagarnath Pd. Shah All Sl. No. 1 to 4 R/Town Hazipur, P.S. - Town Hazipur, Distt - Vaishali. .... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Dr. Anjani Pd. Singh, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-09-2018 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 504, 498(A), 34 of the Indian Penal Code registered in connection with Islampur P.S. Case No. 205 of 2018.
3. It is submitted that the petitioners have been falsely implicated merely because they happen to be the variously related to the husband of the informant. It is submitted that the allegations are general and omnibus in nature. The petitioners are residence of Bokaro while it is evident that the informant was
living with her husband who was employed with the State Bank of India in Chamba, Himachal Pradesh. The petitioners claim clean antecedents.
4. Learned counsel for the informant appears suo motu and opposes the bail petition.
5. Be that as it may, having regard to the entirety of the facts and circumstances of the case, in the event of the petitioners' 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 Additional Chief Judicial Magistrate, Hilsa in connection with Islampur P.S. Case No. 205 of 2018 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) 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) The petitioners shall remain physically present in Court on each and every date during trial 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) Md. Ibrarul/- U T