Meena Devi And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6256 of 2014 Arising Out of PS.Case No. -234 Year- 2013 Thana -WARSALIGANJ District- NAWADA ======================================================
1. Meena Devi, w/o Jhapasi Manjhi
2. Balkeshwari Devi, w/o Rajendra Majhi
3. Lalan Manjhi, s/o Birju Manjhi
4. Jhapari Manjhi, s/o Rajendra Manjhi All are resident of village Korma, P.S. Warisaliganj, District Nawada. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad, Adv. For the State : Mr. S. D. Singh Yadav, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 24-12-2014 The learned counsel for the Petitioners is permitted to make correction in the name of Petitioner No. 4. Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in a case instituted for the offence under Section(s) 341, 323, 504, 307 and 34 Indian Penal Code. Subsequently, Section 302 Indian Penal Code was added.
The Petitioners No. 1 and 2 have been allowed anticipatory bail by the order dated 28.3.2014. In view of the genesis of the occurrence and the general nature of allegations against the rest of the Petitioners i.e.
Patna High Court Cr.Misc. No.6256 of 2014 (3) dt.24-12-2014 2/3 Petitioners No. 3 and 4 namely, Lalan Manjhi and Jhapari Manjhi who have fair antecedents, it is ordered that in the event of surrender/arrest of the Petitioners, named above, within four weeks from the date of receipt/production of a copy of this order, in connection with Warisaliganj P.S. Case No. 234 of 2013, shall be released on anticipatory bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each or any other surety to be fixed by the Court below to the satisfaction of Chief Judicial Magistrate, Nawada, subject to the conditions as laid down under Section 438(2) Cr. P.C.
and (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 affidavit shall clearly state that the Petitioners are not accused in any other case and if they are, they shall not be released on bail. (iii) 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.
Patna High Court Cr.Misc. No.6256 of 2014 (3) dt.24-12-2014 3/3 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 delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (v) 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.
(Anjana Prakash, J) S.Ali/- U T