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Patna High CourtCR. MISC./50742/2017bail granted

Manita Devi And ORS v. The State Of Bihar

2017-11-03Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50742 of 2017 Arising Out of PS.Case No. -218 Year- 2016 Thana -RAJAULI District- NAWADA ======================================================

1. Manita Devi, Wife of Yuga Yadav.

2. Fulwa Devi, Wife of Umesh Yadav.

3. Asha Devi, Wife of Naresh Yadav.

4. Jhaliya Devi, Wife of Deoki Yadav. All are resident of Village- Amawan, P.S.- Rajauli, District- Nawada.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Hansraj For the Opposite Party/s : Mr. Sri Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-11-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Rajauli P.S. Case No. 218 of 2016 instituted for the offence under Sections-302/34 of the Indian Penal Code.

It has been submitted that all these petitioners are ladies. There is no allegation of specific overt act against these petitioners. They have been implicated in this case on account of land dispute. In the written report, it is alleged that these petitioners along with other male accused persons assaulted the daughter in law of the informant, who was pregnant and subsequently, she died in hospital. All these petitioners are ladies. There is no allegation of specific overt act against these petitioners. In such circumstances, prayer for anticipatory bail is

Patna High Court Cr.Misc. No.50742 of 2017 (2) dt.03-11-2017 2/2 allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Rajauli P.S. Case No. 218 of 2016 to the satisfaction of learned Chief Judicial Magistrate, Nawada subject to condition as laid down u/S 438(2) of the 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) A.K.V./- U T