Rambha Devi And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47669 of 2016 Arising Out of PS.Case No. -1363 Year- 2014 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ======================================================
1. Rambha Devi, wife of Raju Sahni,
2. Siya Devi, wife of Rambali Sahni,
3. Radha Devi, wife of Rambideshi Sahni,
4. Sita Devi, wife of Mewalal Sahni &
5. Mewalal Sahni @ Newa Lal Sahni, son of Late Saryug Sahni, all resident of village-Purainiya, P.S. Minapur, District-Muzaffarpur. .... .... Petitioners
Versus
1. The State of Bihar &
2. Sonelal Sahni, son of Late Saryug Sahni, resident of village-Purainiya, P.S. Minapur, District-Muzaffarpur .... .... Opposite Parties ====================================================== Appearance :
For the Petitioners : Mr. Vijay Kumar Singh, Advocate For the Opposite Parties : Mr. Sri Anant Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 17-11-2016 Heard the counsel for the petitioners as well as the counsel for the Opposite Parties.
Petitioners along with two others were named in the complaint which was later treated an FIR vide Minapur P.S.Case No.337 of 2011 registered under Section 379 of the IPC read with Section 3/4 of the Dian Act.
It is stated that upon conclusion of investigation, the petitioners were not sent up for trial as there was no sufficient material found against them. However, on a protest filed by the informant/complainant the cognizance has been taken and hence the apprehension. The two persons, against whom some
Patna High Court Cr.Misc. No.47669 of 2016 (2) dt.17-11-2016 2/2 allegations were set up, have since been granted regular bail by this Court.
Having regard to the contention of the parties, I direct the above named petitioners in the event of their arrest or surrender in the court below within a period of four weeks shall 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 CJM, Muzaffarpur in connection with Complaint Case No.C-1363 of 2014, Trial No.1959 of 2016, subject to the conditions as laid down under Sections 438(2) of the Cr.P.C. subject to the following conditions:
(i) One of the bailors shall be a own/close family member 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.
B.Kr./- (Kishore Kumar Mandal, J) U T