Lukhiya Devi @ Pinki Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51021 of 2017 Arising Out of PS.Case No. -43 Year- 2017 Thana -MAHILA P.S. District- SAHARSA ======================================================

1. Lukhiya Devi @ Pinki Devi

2. Chandrashekhar Bind

3. Puja Bind @ Sumit Bind

4. Dukhnee Devi

5. Yogeshwar Bind @ Jugeshwar Bind .... .... Petitioner/s

Versus

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

For the Petitioner/s : Rashmi Jha, Adv. For the Opposite Party/s : Mr. Sri Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-10-2017 Heard learned counsel for the petitioners and the State. At the outset, it has been submitted that during pendency of this petition, petitioner Nos. 2, 3 & 5 have already been arrested. Accordingly, prayer for anticipatory bail of petitioner Nos. 2, 3 & 5 is dismissed being infructuous.

So far as petitioner Nos. 1 & 4 are concerned; they apprehends arrest in Saharsa Mahila P.S. Case No. 43 of 2017 instituted for the offence under Sections-498A, 379 & other minor Sections of the Indian Penal Code.

Petitioners are Nanad and mother-in-law of the informant in a case registered under Sections-498A of the Indian Penal Code. There is general and omnibus allegation against these petitioners. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner Nos. 1 & 4 named above in

Patna High Court Cr.Misc. No.51021 of 2017 (2) dt.18-10-2017 2/2 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 Saharsa Mahila P.S. Case No. 43 of 2017 to the satisfaction of learned Judicial Magistrate-Ist Class, Saharsa 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) petitioner Nos.

1 & 4 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 petitioner Nos. 1 & 4 and (3) if petitioner Nos. 1 & 4 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 petitioner Nos. 1 & 4 . (Sanjay Priya, J) A.K.V.