Asha Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48580 of 2017 Arising Out of PS.Case No. -24 Year- 2017 Thana -KAJRAULICHAK District- BHAGALPUR ======================================================
1. Asha Devi, W/o Parmanand Yadav,
2. Manisha Devi, W/o Vivek Yadav,
3. Rukmani Devi W/o Varun Yadav, All R/o Village- Gaurachaki, P.S.- Kajraili, District- Bhagalpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Singh, Adv. For the State : Mr. Anil Prasad Singh, APP For the Informant : Mr. Dr. Manoj Kumar, Adv. ======================================================
CORAM:
HONOURABLE MR.
JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-01-2018 By order of this Court, dated 18.10.2017, case diaries of Kajraili P.S. Case Nos. 23 and 24 of 2017 were called for, which have been received.
Heard learned counsel for the petitioners, learned Additional Public Prosecutor for the State as well as learned counsel appearing on behalf of the informant. This application, for grant of anticipatory bail, arises out of Kajraili P.S. Case No. 24 of 2017, disclosing offences under Section 364 read with Section 34 of the Indian Penal Code. The petitioners are ladies and belong to the same family. Allegedly nine accused persons, out of whom seven are
Patna High Court Cr.Misc. No.48580 of 2017 (4) dt.05-01-2018 2/3 ladies, kidnapped the informant's sister-in-law and it is suspected that they killed her.
It appears that prior to lodging of the present F.I.R., another case, bearing Kajraili P.S. Case No. 23 of 2017, was registered in respect of murder of one Avinash, which is said to be a case of honour killing in which the male members of the family of these petitioners are implicated.
Nothing could be shown to the Court, on the basis of the materials collected in the case diaries that the story of the prosecution, as narrated in the First Information Report, has been supported by the other witnesses.
Since the petitioners are ladies and they have no criminal antecedent and their implication in the case is based on suspicion, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XIV, Bhagalpur, in connection with Kajraili P.S. Case No. 24 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
Patna High Court Cr.Misc. No.48580 of 2017 (4) dt.05-01-2018 3/3 This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) Praveen-II/- U T