Asha Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.69413 of 2018 Arising Out of PS. Case No.-126 Year-2018 Thana- KESARIA District- East Champaran ======================================================
1. Asha Devi Wife of Sunil Pandey,
2. Dimpi Kumari, Daughter of Sunil Pandey, Both residents of Village- Raghunathpur, P.S.- Kesariya, District- East Champaran.
... ... Petitioners
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr.Umesh Chandra Verma, Advocate For the Opposite Party :
Mr. Rajendra Pd. Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-01-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 324, 354, 307, 379, 504, 506, 34 of the Indian Penal Code registered in connection with Kesariya P.S. Case No. 126 of 2018.
3. It is submitted that the petitioners, both of whom are ladies, have been falsely implicated and in any event the allegation of assault on the informant is made against various accused persons. All the injuries sustained by the informant are simple in nature. Similarly situated accused persons, namely, Chanda Devi, Mankeshwar Pandey and Vishwanath Pandey have been granted anticipatory bail by a coordinate Bench of this Court vide order dated 20.09.2018 passed in Cr. Misc. No. 57379 of 2018. The petitioners claim clean antecedents.
4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be
Patna High Court Cr.Misc. No.69413 of 2018(3) dt.18-01-2019 2/2 released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned 11th Additional Chief Judicial Magistrate, East Champaran at Motihari in connection with Kesariya P.S. Case No. 126 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and with further conditions-- (i) That one of the bailors of each of the petitioners shall be their close relatives.
(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioners will be well represented in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Vikash Jain, J) BT/Chandran U T