Guriya Devi And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21669 of 2015 Arising Out of PS.Case No. -121 Year- 2013 Thana -BHAGWANPUR DistrictVAISHALI(HAJIPUR) ======================================================
1. Guriya Devi W/o Upendra Sharma
2. Parwati Devi W/o Satendra Sharma, Both Resident of VillageBhagwanpur, P.S- Bhagwanpur, District- Vaishali. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Mamta Devi W/o Devendra Sharma @ Tunna Sharma D/o Ram Bilash Sharma presently residing at Mohalla- Brehmpura, P.S.- Brahmpura, District Muzafferpur.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Singh For the Opposite Party/s : Mr. Shantanu Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 07-07-2015 Heard the Counsel for the petitioners and the APP for the State.
The two petitioners herein are sisters-in-law of the victim (informant). They apprehend their arrest in connection with Bhagwanpur P.S. Case No. 121 of 2013 registered under sections 307, 323, 448, 498A and 34 of the Indian Penal Code. Counsel for the petitioners has drawn attention of the Court to the F.I.R. in order to submit that allegation of confining the informant inside the room and guarding against her escape as also burning is assigned to the husband, the mother-in-law and fatherin-law who played active role in trying to set her ablaze and to cause her death. Petitioners would always like the victim to be in the house and live happily.
Counsel for the State has also read the relevant part of the
Patna High Court Cr.Misc. No.21669 of 2015 (2) dt.07-07-2015 2/2 F.I.R. and states that specific allegation of assault/burning are attributed to the husband, mother-in-law and father-in-law of the victim.
Taking into account the aforesaid fact, I direct that in the event of arrest or surrender in the Court below within four weeks, the petitioners abovenamed are directed to 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 Smt. Niharika Kumari, J.M., 1st Class, Vaishali at Hajipur in Bhagwanpur P.S. Case No. 121 of 2013 (G.R. No. 2266 of 2013) subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions: (i) One of the bailers shall be the own/close family members 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.
(Kishore Kumar Mandal, J) Pankaj/- U