Yugeshwari Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36419 of 2016 Arising Out of PS.Case No. -91 Year- 2016 Thana -MADHEPURA District- MADHEPURA ======================================================
1. Yugeshwari Devi, W/o Ramdeo Paswan
2. Chandrakala Devi @ Chandrakala Kumari W/o Rajdeo Paswan Both are residents of Village- Betauna, O.P. - Bharrahi, P.S. & DistrictMadhepura. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Sharda Nand Mishra, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-09-2016 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149, 341, 323, 307, 224, 225, 337, 338, 447, 379 and 353 of the Indian Penal Code registered in connection with Madhepura (Bharrahi) P.S. Case No. 91 of 2016.
3. It is submitted that the petitioners have been falsely implicated merely because they happen to be mother and wife of the suspected accused Rajdeo Paswan who has been arrested in connection with Madhepura (Bharrahi) P.S. Case No. 652 of 2015. The accusations are general and omnibus against as many as unknown two hundred accused persons and no specific overt act has been attributed against the petitioners. Petitioners claim clean antecedents.
4. 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
Patna High Court Cr.Misc. No.36419 of 2016 (2) dt.16-09-2016 2/2 released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Madhepura (Bharrahi) P.S. Case No. 91 of 2016, 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 of each of the petitioners shall be their close relative other than the petitioners herein. (ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.
(iii) The petitioners shall cooperate with the investigation 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) That the petitioners will be well represented 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) B.T/Chandran U T