Rajkumari Devi @ Raje Kumari Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21699 of 2016 Arising Out of PS.Case No. -2 Year- 2016 Thana -RATANPURA District- SUPAUL ======================================================

1. Rajkumari Devi @ Raje Kumari Devi W/o Vidya Nand sharma

2. Geeta Devi W/o Laxman Sharma

3. Munni Kumari D/o Laxman Sharma All are resident of MohallaRatanpura, PS Ratanpura, District Supaul. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. M.Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 19-05-2016 Heard Mr. Mishra for the petitioner and Mr.

Dayal APP for the State.

The three petitioners are female members of one family. They apprehend their arrest in connection with Ratanpura P.S. case no. 02 of 2016 registered under Sections 436, 307 and other allied Sections of the Penal Code. On going through the First Information Report, it appears that on account of land dispute i.e. closer of the approach road of the house of the informant the occurrence was committed in which it is alleged that male members of the family armed with weapons assaulted several members of the family of the informant. In so far as the petitioners are concerned, it is

Patna High Court Cr.Misc. No.21699 of 2016 (2) dt.19-05-2016 2/3 alleged that they carried match box. However, the allegations with regard to putting the shed of the accused themselves and that of the shed/hut of the informant, is general and omnibus. The counsel has highlighted the background in which the occurrence was committed.

Considering the back ground of the case as also the fact that the allegation of putting the shed/hut of the informant on fire is general and omnibus as also the fact that they are female members of the family, I am persuaded to extend them the privilege of anticipatory bail.

In the facts and circumstances of the case, this Court is inclined to extend the privilege of anticipatory bail to the petitioners. Let the petitioners, named above, in the event of their arrest/surrender before the learned Court below within a period of four weeks from today, 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 Sub Divisional Judicial Magistrate, Birpur (supaul) in connection with Ratanpura P.S. case no. 02 of 2016 subject to the condition as laid down under Section 438 (2) of the Cr.P.C. with following conditions:- (i) One of the bailors shall be the own/close family

Patna High Court Cr.Misc. No.21699 of 2016 (2) dt.19-05-2016 3/3 member of the petitioner(s).

(ii) As soon as the charges are framed the petitioner(s) shall appear in person before the trial court on the date(s) fixed at the trial. In case of default in such appearance on two consecutive dates, the trial Court shall have liberty to cancel the bail bonds of the petitioner(s) and secure their arrest in accordance with law.

(Kishore Kumar Mandal, J) Shyam/- U T