Pramila Devi @ Sundrika Devi And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16983 of 2017 Arising Out of PS.Case No. -166 Year- 2014 Thana -EAST CHAMPARAN COMPLAINT DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Pramila Devi @ Sundrika Devi
2. Rajkali Devi
3. Yashoda Devi @ Yadhodiya Devi .... .... Petitioner/s
Versus
State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Girish Chandra Jha For the Opposite Party/s : Mr. Sri Nand Kishore Pd ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-05-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Complaint Case No. 166 of 2014 instituted for the offence under Sections-379, 427, 452 & other minor sections of the Indian Penal Code. It has been submitted on behalf of petitioners that earlier Cr. Miscellaneous petition was filed which was converted into Criminal Appeal in view of the judgment of Division Bench of this court passed in Cr. Misc. No. 25276 of 2016. Thereafter, during hearing of Cr. Appeal, learned Single Judge in Cr. Appeal (SJ) observed vide order dated 27-02-2017 that the appellant to take proper steps in the light of direction passed in Cr. Appeal (SJ) 832 of 2016, in the background of the fact that the order impugned happens to be prior to the amendment i.e. 26th of January, 2016.
Patna High Court Cr.Misc. No.16983 of 2017 (2) dt.15-05-2017 2/3 In such circumstances, again this petition has been converted into Cr. Misc. Petition. The office in the light of order dated 27-02-2017, has again listed this case as Cr. Misc. Case. It has been submitted on behalf of petitioners that there is no specific allegation against any of the petitioners in complaint petition. From the complaint petition, it appears that there is general and omnibus allegation against these petitioners. It has been submitted that petitioners are ladies.
Accordingly, prayer for anticipatory bail is allowed it is ordered that the petitioner named above, in the event of his arrest or surrender in the court below within four 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 Complaint Case No. 166 of 2014 to the satisfaction of Sri S. K. Mishra, learned Judicial Magistrate-Ist Class, Sikrahana, Motihari 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) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically
Patna High Court Cr.Misc. No.16983 of 2017 (2) dt.15-05-2017 3/3 cancel bail bond of the petitioners 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./- U T