Biniya Devi @ Bidya Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35715 of 2018 Arising Out of PS. Case No.-6 Year-2018 Thana- CHEWRA District- Sheikhpura ======================================================

1. Biniya Devi @ Bidya Devi Wife of Suresh Yadav

2. Minta Devi @ Mamta Kumari Daughter of Suresh Yadav

3. Mosmat Madhuri Devi Daughter of Suresh Yadav, wife of Late Sanjay Yadav All residents of Village - Ekrama, Police Station - Chewara, District - Sheikhpura.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bipin Kumar For the Opposite Party/s :

Mr. Sri Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Chewara P.S. case no. 6 of 2018, instituted for the offence under Section(s) 147,148,149, 323, 324 and 302 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioners has submitted that petitioners are ladies. There is no allegation of specific overt act against these petitioners. The specific allegation of assault is attributed against co-accused Sonu Yadav of assaulting the son of informant, namely, Jai Prakash with iron rod on the head. In the facts and circumstances of the case, prayer of the

Patna High Court Cr.Misc. No.35715 of 2018(3) dt.30-07-2018 2/2 petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Chewara P.S. case no. 6 of 2018, they 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 the learned J.M., Sheikhpura, subject to the conditions as laid down under Section 438(2) 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 absence on two consecutive dates without proper and reasonable reason will automatically 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) shyambihari/- U T