Fekani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46143 of 2019 Arising Out of PS. Case No.-25 Year-2019 Thana- NAGARNAUSA District- Nalanda ====================================================== 1.

FEKANI DEVI Wife of Bare Saw, Resident of Village- Bhadrudih, P.S.- Nagarnausa, District- Nalanda.

2.

Rinki Kumari Wife Ajeet Saw @ Ajeet Kumar Gupta, Resident of VillageBhadrudih, P.S.- Nagarnausa, District- Nalanda. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 26-07-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Nagarnausa P.S. Case No. 25 of 2019 registered for offence punishable under sections 341, 323, 307, 376, 511, 452, 504/34 of the Indian Penal Code. Allegation has been made against the father-in-law of the informant that he had attempted to commit rape upon her. When she raised alarm, mother-in-law and gotani (petitioner nos. 1 and 2) of the informant came and asked to stop raising voice and they have assaulted her by stick. The counsel for the petitioners submits that the

Patna High Court CR. MISC. No.46143 of 2019(2) dt.26-07-2019 2/3 story that has been stated does not appear to be true, as no wife will allow to her husband to enter in such type of activity. They have not assaulted and caused any injury to the informant, and the court below has not recorded the nature of injury as grievous.

Considering the fact that the petitioners are famale, this Court is granting anticipatory bail to her and they, in the event of arrest or surrender before the court below within six weeks from today, are directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Hilsa (Nalanda) in connection with Nagarnausa P.S. Case No. 25 of 2019, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioners will not induce any witness or tamper with the evidence. The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court. Whenever the Police will call the petitioners for the purpose of interrogation/investigation, they would present themselves, In

Patna High Court CR. MISC. No.46143 of 2019(2) dt.26-07-2019 3/3 case of failure on two consecutive dates without any valid reason, the prosecution will have liberty to make a prayer for cancellation of their bail before the court below. (Shivaji Pandey, J) Mahesh/- U T