Shahnaj Praveen And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 19368 of 2015 Arising out of P.S. Case No. -370 Year- 2014 Thana -SUPAUL District- SUPAUL ===================================================

1. Shahnaj Praveen.

2. Lukhi @ Sabina Praveen @ Samina Praveen.

3. Amina Khatoon.

4. Noor Jehan Khatoon.

All are daughters of Md. Bashir, Resident of Village-Dehda, P.S.- Sonebarsa Raj, District-Saharsa, at present resident of MohallaBhelahi, Ward No. 21, P.S. & District-Supaul. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Mishra, Adv. For the Opposite Party/s: Mr. Madhuri Lata (APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 02.

29.07.2015 Heard learned counsel for the Petitioners, Informant and the State.

The Petitioners seek bail in a case instituted for the offences under Sections 147, 148, 149, 323, 341, 324, 325, 307, 379, 380, 302 and 504 of the Indian Penal Code. The Petitioners were allowed bail by order dated 16.01.2015 vide Cr. Misc. No. 1625 of 2015 but on condition that an affidavit would be filed on their behalf that they are not an accused in any other case but they were accused in several cases such an affidavit could not be filed and, hence, they remained in custody.

However, considering that the Petitioners are ladies, let them be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Additional Chief Judicial Magistrate, Supaul in

Patna High Court Cr.Misc. No.19368 of 2015 (2) dt.29-07-2015 connection with Supaul P.S. Case No. 370 of 2014 subject to the following conditions:- (i) That one of the bailors will be a close relative of the Petitioners who will give an affidavit giving genealogy as to how he is related with the Petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioners. (ii) That the bailor shall also state on affidavit that he will inform the court concerned if the Petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse.

(iii) That the Petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (iv) That the Petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. The Petitioners are directed to deposit a sum of Rs. 5,00/- (Five Hundred) each in the District Legal Aid Committee before they are released on bail.

Vikash/- (Anjana Prakash, J.) U T