Kumari Priyanka And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51658 of 2014 Arising Out of PS.Case No. -315 Year- 2014 Thana -PIRO District- BHOJPUR ======================================================
1. Kumari Priyanka, W/o Vijay Paswan, resident of village- Agiyaon Bazar, P.S.- Agiyaon Bazar, District- Bhojpur
2. Sri Ram Sah S/o Bachha Sah, resident of village + P.O.- Govind Tola, P.S.- Piro, District- Bhojpur
3. Lakhmuni Devi, W/o Ramji Ram, resident of village+ P.O.- Ayar, P.S.- Agiyaon Bazar, District- Bhojpur
4. Sachidanand Rai @ Sachinand Yadav, S/o Baijnath Prasad Rai, resident of village- Jamuaon, P.S.- Agiyaon Bazar, District- Bhojpur
5. Asha Devi W/o Anil Kumar Singh, resident of village+ P.O.- Narayanpur, P.S.- Hasan Bazar, District- Bhojpur
6. Premna Devi W/o Devraj Singh, resident of village + P.O.- Barao, P.S.- Piro, District- Bhojpur
7. Lal Bahadur Shashri @ Lal Bahadur Rai S/o Late Ragunath Rai, resident of village + P.O.- Lokan Tola, P.S.- Piro, District- Bhojpur
8. Urmila Devi W/o Manoj Singh, resident of village + P.O.- Narayanpur, P.S.- Hasanpur Bazar, District- Bhojpur
9. Vimal Kumar Rai @ Nirmal Rai, S/o Shivgopal Rai, resident of village + P.O.- Jamuao, P.S.- Piro, District- Bhojpur
10. Bebi Devi W/o Sunil Kumar Rai, resident of village + P.O.- Tar, P.S.- Agiyaon Bazar, District- Bhojpur
11. Umesh Rai S/o Late Shivpujan Rai, resident of village + P.O.- Doman Dihra, P.S.- Agiyaon Bazar, District- Bhojpur
12. Birendra Sah S/o Jamindar Sah, resident of village- Hattpokhar, P.O.- Jitoura, P.S.- Piro, District- Bhojpur
13. Mina Devi W/o Kameshwar Singh, resident of village- Shivparsan Tola, P.O.- Tar, P.S.- Agiyaon Bazar, District- Bhojpur
14. Kiran Devi W/o Vijay Paswan, resident of village + P.O.- Lohai, P.S.- Agiyaon Bazar, District- Bhojpur .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Amrendra Narayan Rai, Advocate For the Opposite Party : Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 30-04-2015 This is an application, made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioners, namely, Kumari Priyanka, Sri Ram Sah, Lakhmuni Devi, Sachidanand Rai @ Sachinand Yadav, Asha Devi, Premna
Patna High Court Cr.Misc. No.51658 of 2014 (3) dt.30-04-2015 2/3 Devi, Lal Bahadur Shashri @ Lal Bahadur Rai, Urmila Devi, Vimal Kumar Rai @ Nirmal Rai, Bebi Devi, Umesh Rai, Birendra Sah, Mina Devi and Kiran Devi, in connection with Piro Police Station Case No. 315 of 2014 under Section 409/420 read with Section 34 of the Indian Penal Code.
Perused the above application and materials on record including a copy of the order, dated 21.10.2014, passed, in A.B.P. No. 1633 of 2014, by the learned Sessions Judge, Bhojpur, Arrah, dismissing the said application for pre-arrest bail and, order, dated 07.01.2015, passed in Cr. Misc. No. 349 of 2015 and order, dated 06.02.2015, passed in Cr. Misc. No. 5103 of 2015, by a Bench of this Court granting benefit of pre-arrest bail to the similarly situated co-accused.
Heard Mr. Amrendra Kumar Rai, learned Counsel for the petitioners, and Dr. Indiwar Kumari, learned Additional Public Prosecutor, appearing on behalf of the State. Considering the fact that similarly situated coaccused have been granted benefit of pre-arrest bail by a Bench of this Court by order, dated 07.01.2015, passed in Cr. Misc. No. 349 of 2015 and order, dated 06.02.2015, passed in Cr. Misc. No.5103 of 2015, and, in the interest of justice, it is hereby directed that the petitioners above-named shall, in the event of their arrest in connection with the case aforementioned, be released on bail of
Patna High Court Cr.Misc. No.51658 of 2014 (3) dt.30-04-2015 3/3 Rs. 10,000/-, with two sureties of the like amount, subject to the satisfaction of the Officer-in-Charge, Piro Police Station, DistrictBhojpur, Arrah. This direction for bail is further subject to the condition that the petitioners above-named shall, within two weeks from today, appear before the Officer-in-Charge, Piro Police Station, District-Bhojpur, Arrah, and make themselves available for interrogation by police at all reasonable time and shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.
This application for pre-arrest bail shall stand disposed of in terms of the above observations and directions. Let a copy of this order be sent, forthwith, to the Officer-in-Charge, Piro Police Station, District-Bhojpur, Arrah. Send also a copy of this order, forthwith, to the Superintendent of Police, Bhojpur, Arrah, by fax. (I. A. Ansari, J) Pawan/- U T