Arhuliya Devi @ Ahilya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49390 of 2019 Arising Out of PS. Case No.-41 Year-2019 Thana- MARAUNA District- Supaul ====================================================== 1.

ARHULIYA DEVI @ AHILYA DEVI W/o Bindeshwar Yadav Resident of Village - Tetriyahi, P.S.- Marauna, Dist.- Supaul. 2.

Pramod Yadav @ Pramod Kumar Yadav Son of Bindeshwar Yadav Resident of Village - Tetriyahi, P.S.- Marauna, Dist.- Supaul. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Radha Devi W/o Ghanshyam Yadav Resident of Village - Simraha, P.S.- Marauna, Dist.- Supaul.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 07-08-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 504, 498A, 379, 506/34 of the Indian Penal Code registered in connection with Marauna P.S. Case No. 41 of 2019.

3. It is submitted that the petitioners have been falsely implicated merely because they happen to the mother-in-law and brother-in-law of the informant. It is submitted that the informant was married almost 19 years ago and have three children. The petitioners are living separately from the informant and her husband and have no concern with their day-to-day matters. The accusations are general and omnibus in nature. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of

Patna High Court CR. MISC. No.49390 of 2019(2) dt.07-08-2019 2/2 learned J.M.I, Supaul, in connection with Marauna P.S. Case No. 41 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner no. 1 shall be well represented and petitioner no. 2 shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Chandran/- U T