Chandrakala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46078 of 2019 Arising Out of PS. Case No.-45 Year-2019 Thana- PASRAHA District- Khagaria ====================================================== 1.

CHANDRAKALA DEVI Wife of Late Bhagwan Goswami Resident of Village - Chhoti Bandehra, P.S.- Pasraha, District - Khagaria 2.

Pinki Devi @ Rinku Devi Wife of Amit Goswami Resident of Village - Chhoti Bandehra, P.S.- Pasraha, District - Khagaria ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Rajeev Nayan (App 231) ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 25-07-2019 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, 504, 324, 326,307, 34, 302 registered in connection with Pasraha P.S. Case No. 45/2019.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of petty disputes. The parties are gotias. Specific accusation of assault with tengari on the head of the informant's wife is upon other co-accused Amit Goswami. It is submitted however, that the lady has died about four months thereafter and as such the occurrence is not connected with the petitioners. The petitioner no. 1 is alleged to have assaulted Karan Kumar, son of the informant with point of Kachia, but there is no injury report to corroborate such assault. The accusation of assault attributed to the petitioner no. 2 is general and omnibus in nature. The petitioners are ladies claiming 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

Patna High Court CR. MISC. No.46078 of 2019(2) dt.25-07-2019 2/2 communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned CJM, Khagaria, in connection with Pasraha P.S. Case No. 45/2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioners shall co-operate 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.

iv. The petitioners shall 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.

(Vikash Jain, J) Chandran/- U T