Sushila Kumari And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44190 of 2015 Arising Out of PS.Case No. -230 Year- 2014 Thana -BASANTPUR District- SIWAN ======================================================

1. Sushila Kumari

2. Kamalawati Kumari Both D/o Kanhaiya Prasad

3. Hemanti Devi W/o Kanhaiya Prasad All R/o Village Madhopur, P.S. Basantpur, District Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : None For the Opposite Party/s : Mr. Surendra Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 16-10-2015 Heard Mr. Surendra Prasad Singh, learned APP assisted the Court on behalf of the State.

Three petitioners are lady members of the family and are facing accusations punishable under Sections 147, 148, 149, 323, 324, 325, 326 and 307 of the Indian Penal Code vide Basantpur P.S. Case No. 230 of 2014. Later, Section 302 IPC was added. The male members are said to have assaulted the uncle of the informant by means of lethal weapon. Insofar as the petitioners are concerned, there is general allegation that when the father of the informant protested, he too was assaulted by danda and farsa. The State has pointed out from the impugned order that on conclusion of investigation, these petitioners were not sent up by the Police, however, differing with the police report,

Patna High Court Cr.Misc. No.44190 of 2015 (2) dt.16-10-2015 2/2 cognizance has been taken against them.

Considering the fact that they are lady members and were not sent up by the Police for trial, in the event of arrest or surrender in the Court below within four weeks, the petitioners abovenamed are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in Basantpur P.S. Case No. 230 of 2014 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions: (i) One of the bailers shall be the own/close family members of the petitioners.

(ii) In case of framing of charge, the petitioners shall appear in person on each and every date fixed in the Court below. In case of default in doing so on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioners and secure their arrest in accordance with law.

(Kishore Kumar Mandal, J) Pankaj/- U T