Pintu Kumar And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37853 of 2015 Arising Out of PS.Case No. -532 Year- 2015 Thana - SASARAM MUFFSIL District- SASARAM (ROHTAS) =====================================
1. Pintu Kumar S/o Nagendra Prasad Sinha
2. Pinki Devi @ Buchi W/o Pintu Kumar, Both residents of village Karam Dehri, PS Sasaram (M), District Rohtas .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ===================================== Appearance :
For the Petitioners : Mr. Sanjay Kumar Giri, Advocate For the Opposite Party : Mr. Kumar Ranjit Ranjan, APP ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-02-2016 Heard learned counsel for the petitioners and learned Assistant Public Prosecutor for the State. This application for grant of anticipatory bail arises out of Sasaram (M) PS Case No.532 of 2015 disclosing offences under Section 302/34 of the Indian Penal Code.
Learned counsel for the petitioners submits that the petitioners have been implicated in this case merely on the basis of suspicion. Neither there is any eye-witness to substantiate the allegation nor any material to connect these petitioners with the commission of offence.
Since the petitioners are accused in a case
Patna High Court Cr.Misc. No.37853 of 2015 (3) dt.03-02-2016 2/3 for an offence punishable under Section 302 IPC, I do not find any exceptional circumstance for release of petitioner No.1 on anticipatory bail. So far as petitioner No.2 is concerned, she being a lady, such privilege is granted in her favour. Accordingly, this application to the extent it relates to petitioner No.2, is allowed.
It is directed that in the event of her arrest, petitioner No.2, namely, Pinki Devi, shall be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Rohtas at Sasaram, in connection with Sasaram (M) PS Case No.532 of 2015, subject to the conditions as laid down under Section 438(2) CrPC.
This is subject to the further condition that the petitioner No. 2 shall present herself before the police/Court below, as the case may be, as and when required and in the event of failure on her part to appear before the Court on two consecutive occasions, her bail bond shall be liable to be cancelled.
So far as petitioner No. 1, namely, Pintu Kumar, is concerned, this application is rejected. Petitioner No. 1 is directed to surrender before the court below within a period of four week from today and seek regular bail, if so
Patna High Court Cr.Misc. No.37853 of 2015 (3) dt.03-02-2016 3/3 advised. If he does so, his application for regular bail shall be considered and decided on the said day without being prejudiced by the order of rejection of this application. (Chakradhari Sharan Singh, J) mrl U T