Munni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49741 of 2018 Arising Out of PS.Case No. -199 Year- 2015 Thana -BARARI District- KATIHAR ======================================================

1. Munni Devi, Daughter of Sikandar Yadav, resident of VillageKushalpur Bakia Diara, Police Station- Barari, District- Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ratnakar Ambastha For the Opposite Party/s : Mr. Sri Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-08-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Barari P.S.Case no.199 of 2015 , registered for offences punishable under Sections 147, 148, 149, 307, 302, 504, 337, 338,506 of the Indian Penal Code.

Allegation against the petitioner along with other accused persons is of pelting stones causing death of two persons. Submission of the learned counsel for the petitioner is that the police after investigation has submitted final form against the petitioner and not finding the case true against him, later on the cognizance has been taken .

Heard learned A.P.P. and the learned counsel for the informant. They have opposed the prayer for bails stating that

Patna High Court Cr.Misc. No.49741 of 2018 (2) dt.29-08-2018 2/2 earlier the prayer for anticipatory bail of Kavita Devi was dismissed by this Court. .

Having heard both sides and in view of the fact that the final form has been submitted against the petitioner and later on cognizance has been taken, as such let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Katihar in connection with Barari P.S.Case no.199 of 2015 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T