Ratani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46295 of 2019 Arising Out of PS. Case No.-289 Year-2018 Thana- MADHAURAH District- Saran ====================================================== 1.

Ratani Devi, Wife of Manish Mahto 2.

Gharbharani Devi, Wife of Gulab Mahto Both are residence of Village- Pakhan, P.S.- Marhowrah, District- Saran. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Singh For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 26-09-2019 Heard learned counsel for the petitioners and learned APP for State.

The petitioners in the present case are the two females who are daughter in law and mother-in-law respectively. They are seeking anticipatory bail in connection with Marhowrah P.S. Case No.289/2018 registered for the offences punishable under Sections 341/325/307/506/34 of the Indian Penal Code. The allegations against the petitioners are that they had thrown burning coal on the back of the informant as a result of which he was badly injured. Learned counsel for the petitioners has drawn the attention of this Court towards Annexure-2 by which the co-accused Gulab Prasad has been granted privilege of anticipatory bail by the learned court below.

Patna High Court CR. MISC. No.46295 of 2019(3) dt.26-09-2019 2/3 In the said order, the injury on the back side of the informant has been taken note of saying that the injury no.1 is simple superficial on back side. Learned counsel for the petitioner submits that no burn injury has been noticed by the learned court below and as such the allegations are only false and flimsy allegations.

Learned APP for the State has though opposed the prayer for anticipatory bail, however, considering the nature of injury which has been taken note of by the learned 11th Additional Sessions Judge, Saran vide Annexure-2 to the present application, let the petitioners above named in the event of their arrest or surrender within a period of four weeks from today, be enlarged on bail on furnishing of bail bonds of Rs. 15,000/- (fifteen thousand ) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Saran, Chapra in connection with Marhowrah P.S. Case No.289/2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or

Patna High Court CR. MISC. No.46295 of 2019(3) dt.26-09-2019 3/3 indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) arvind/- U T