Meena Kumari @ Menka Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51051 of 2019 Arising Out of PS. Case No.-359 Year-2017 Thana- SAHEBGANJ DistrictMuzaffarpur ====================================================== 1.

MEENA KUMARI @ MENKA KUMARI D/o Basant Kunwar Resident of village - Daha Chhapra, P.S.- Sahebganj, Dist.- Muzaffarpur. 2.

Sit Kunwar Son of Gena Kunwar Resident of village - Daha Chhapra, P.S.- Sahebganj, Dist.- Muzaffarpur.

3.

Sunita Devi Wife of Sit Kunwar Resident of village - Daha Chhapra, P.S.- Sahebganj, Dist.- Muzaffarpur.

... ... Petitioners

Versus

1.

THE STATE OF BIHAR 2.

Pinki Devi W/o Ranjeet Kunwar @ Ranjeet Kumar Presently resident with Her Father Baccha Singh at Village - Jahurta, P.S.- Sahebganj, Dist.- Muzaffarpur.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioners :

Mr. Hari Kishore Thakur, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-08-2019 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, 315, 504, 498(A) and 34 of the Indian Penal Code registered in connection with Sahebganj P.S. Case No. 359 of 2017.

3. It is submitted that the petitioners have been falsely implicated merely because they happen to be the unmarried nanad, uncle-in-law, aunt-in-law respectively of the informant.

Patna High Court CR. MISC. No.51051 of 2019(2) dt.19-08-2019 2/3 The accusations are general and omnibus and no specific overt act has been attributed to the petitioners individually. The husband of the informant has been granted provisional anticipatory bail while his parents have been granted anticipatory bail by this Court by order dated 22.01.2019 in Cr. Misc. No. 63890 of 2018. 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 learned Additional Chief Judicial Magistrate 1st, West, Muzaffarpur in connection with Sahebganj P.S. Case No. 359 of 2017, 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 of each of the petitioners shall be their close relatives other than the petitioners herein. (ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioners shall cooperate 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) That the petitioner nos.

Patna High Court CR. MISC. No.51051 of 2019(2) dt.19-08-2019 3/3 as and when directed by the learned Court to be physically present and petitioner no. 2 shall remain physically present in court on each and every date, 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) Ibrar//- U T