Patna High CourtCR. MISC./45341/2016bail granted

Usha Devi And ORS v. The State Of Bihar

2016-12-15Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45341 of 2016 Arising Out of PS.Case No. -211 Year- 2015 Thana -MASAURHI District- PATNA ======================================================

1. Usha Devi, W/o Jai Prakash Yadav, R/o Vill- Maharajachak, P.S. Masaurhi, Dist- Patna.

2. Rani Kumari, W/o Raju Kumar, R/o Vill Bhaluan, P.O. Akauna, P.S. Masaurhi, Dist Patna.

3. Soni Kumari, W/o Shambhu Kumar, R/o Vil Khadipur, P.O. Nataul, P.S. Kadirganj, Dist- Patna.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Shiw Kumar Prabhakar For the Opposite Party/s : Mr. Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-12-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This is an application for anticipatory bail for the offences under Sections 302/34 of the Indian Penal Code. It has been submitted on behalf of the petitioners that the petitioner no. 1 is mother-in-law and petitioner no.2 is Nanad of the informant. No allegation has been leveled against the petitioners. It has been submitted on behalf of the petitioners that a Sulahnama has already been filed in the court below.

Patna High Court Cr.Misc. No.45341 of 2016 (2) dt.15-12-2016 Heard learned APP appearing for the State who could not controvert this fact.

Having heard both sides and in view of the fact that the petitioners are ladies and no specific overt act has been alleged against them and Sulahnama has already been filed in the court below, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Subdivisional Judicial Magistrate, Masaurhi (Patna) in connection with Masaurhi P.S. Case No. 211 of 2015, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and further that the petitioners will cooperate with the investigation of the case.

(Vinod Kumar Sinha, J) A.I./- U