Rinku Kumari And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49194 of 2017 Arising Out of PS.Case No. -12 Year- 2017 Thana -BIRUPUR SAHAYAK District- LAKHISARAI ======================================================
1. Rinku Kumari, D/o Pramod Singh,
2. Ranju Devi, wife of Pramod Singh, Both are Resident of VillageSadaybigha, Police Station- Birupur, District- Lakhisarai. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Jainendra Kumar For the Opposite Party/s : Mr. Sri Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-01-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Birupur P.S. Case No. 12 of 2017 instituted for the offence under Sections-307, 379 & other minor Sections of the Indian Penal Code.
It has been submitted that both petitioners are ladies. There is allegation in the written report that petitioner No. 1 assaulted the daughter in law of the informant with Lathi on the head and other parts of the body. There is no allegation of any specific overt act against petitioner No. 2.
The injury report of daughter in law of the informant Muni Devi has been annexed as Annexure-2 wherein the doctor has found painful swelling on the middle scalp and the doctor opined that the aforesaid injury is grievous in nature.
It has been submitted that the occurrence has taken place
Patna High Court Cr.Misc. No.49194 of 2017 (9) dt.05-01-2018 because of drainage of water. These petitioners are ladies. They have no criminal antecedent.
In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Birupur P.S. Case No. 12 of 2017 to the satisfaction of learned Additional Chief Judicial Magistrate-II, Lakhisarai subject to condition as laid down u/S 438(2) of the Cr.P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) A.K.V.