Chandrawati Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37059 of 2016 Arising Out of PS.Case No. -117 Year- 2015 Thana -PAKRIDAYAL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Chandrawati Devi Wife of Yadolal Sahani

2. Tetari Devi Wife of Mukhlal Sahani

3. Yadolal Sahani @ Jadolal Sahani

4. Mukhlal Sahani Both Sons of Late Ishar Sahani

5. Achhelal Sahani Son of Ramashish Sahani All Resident of villageMajhad Tola Panduvi, P.S.- Pakarideyal, District- East Champaran .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-09-2016 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State.

This application for anticipatory bail arises out of Pakarideyal P.S. Case No. 117 of 2015, disclosing offences under Sections 147, 149,447,302/34 of the Indian Penal Code. From the First Information Report, it appears that there is allegation of assault made by the petitioner No.3 and co-accused Sajawal Sahani and Aklu Sahani.

Considering that I am not inclined to entertain anticipatory bail application of petitioner No.3 Yodolal Sahani alias Jadolal Sahani. His application for anticipatory bail is rejected. Petitioner Nos. 1 and 2 are ladies against whom, there is

no specific allegation of assault. Similarly, there is no allegation of participation in commission of crime against petitioner Nos. 4 Mukhlal Sahani and 5 Achhelal Sahani.

Considering the above, this application to the extent it relates to petitioner Nos. 1,2,4 and 5, namely, Chandrawati Devi, Tetari Devi, Mukhlal Sahani and Achhelal Sahani, is allowed. Let petitioners No. 1,2,4 and 5 above-named in the event of their arrest/surrender within four weeks from today in the Court below be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 5th Additional Chief Judicial Magistrate, East Champaran at Motihari in Pakarideyal P. S. Case No. 117 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners No. 1,2,4 and 5 above named 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 the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) ArunKumar/- U