Sanju Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53104 of 2019 Arising Out of PS. Case No.-332 Year-2018 Thana- KOTWA District- East Champaran ====================================================== 1.
SANJU DEVI Wife of Dinesh Bhagat @ Dinesh Kumar Resident of Village - Fatuha, P.S.- Kotwa, District - East Champaran 2.
Dinesh Kumar @ Dinesh Bhagat Son of Mahendra Bhagat Resident of Village - Fatuha, P.S.- Kotwa, District - East Champaran 3.
Prabhawati Devi Wife of Mahendra Bhagat Resident of Village - Fatuha, P.S.- Kotwa, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Shankar Shrivastava For the Opposite Party/s :
Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-08-2019 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Kotwa P.S. Case No. 332 of 2018, disclosing offences under Sections 341, 342, 323, 324, 308, 325, 354(B), 379, 504, 448 and 506/34 of the Indian Penal Code.
Petitioner no.1 is the wife of petitioner no.2 and petitioner no.3 is the mother of petitioner no.2. It is alleged in the FIR that all the persons named in the FIR, including these petitioners, entered into the house of the informant and assaulted her variously. It is also alleged that petitioner no.1 and co-accused Usha
Patna High Court CR. MISC. No.53104 of 2019(2) dt.26-08-2019 2/3 Devi snatched a golden Mangal Sutra of the informant. Learned counsel for the petitioners, referring to the injury report, has submitted that the injury has been found to be simple in nature. He also contends that there has been inordinate delay of nearly five days in registration of the FIR, which also casts serious doubt over the veracity of the allegation made in the FIR. Considering the facts and circumstances, this application is allowed. Let the petitioners, above named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Kotwa P.S. Case No. 332 of 2018, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before
Patna High Court CR. MISC. No.53104 of 2019(2) dt.26-08-2019 3/3 the court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) HR/- U T