Shanti Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40792 of 2018 Arising Out of PS.Case No. -4 Year- 2017 Thana -BARIYARPUR District- MUNGER ======================================================
1. Shanti Devi, Wife of Bhuneshwar Sharma,
2. Savitri Devi @ Kaili Devi, Wife of Sahdeo Mistri, Both resident of Village- Bahadurpur, P.S.- Bariarpur, District- Munger. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dharmendra Kumar Paswan For the Opposite Party/s : Mr. Sri Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-08-2018 Heard learned counsel for the petitioners as well as the State.
The petitioners apprehend their arrest in Bariyarpur P.S. Case No. 04/2017, instituted for the offences punishable under Sections 302, 307 and 34 of the Indian Penal Code read with Section 27 of the Arms Act.
Learned counsel for the petitioners has submitted that both the petitioners are ladies. There is no specific allegation against them. The petitioners have clean antecedent. They have been falsely implicated in this case due to land dispute. The petitioners and the informant are Gotia and there is land dispute between them.
In the written report, it is alleged that on
Patna High Court Cr.Misc. No.40792 of 2018 (3) dt.06-08-2018 2/3 identification of one Kundan Kumar and Shanti Devi, who is petitioner no. 1, two unknown persons caused gun shot injury to the daughter of the informant and shot dead his wife. Case diary has been received in this case wherein it has come that gun shot injury has been caused by two unknown persons. There is no allegation of specific overt act against these petitioners.
Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Bariyarpur P.S. Case No. 04/2017, they shall be released on anticipatory 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 Chief Judicial Magistrate, Munger, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,
(2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if
Patna High Court Cr.Misc. No.40792 of 2018 (3) dt.06-08-2018 3/3 petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J.) Rakhi U T