Vibha Kumari And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44036 of 2018 Arising Out of PS.Case No. -265 Year- 2017 Thana -MAHNAR District- VAISHALI(HAJIPUR) ======================================================

1. Vibha Kumari, D/o Virendra Singh,

2. Sangita Devi W/o Virendra Singh, Both R/o Mohalla- Ward No. 2, Jawaj Jaoj, P.S.- Mahnar, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kaushal Kishor For the Opposite Party/s : Mr. Sri Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-08-2018 Heard learned counsel for the petitioners as well as the State.

The petitioners apprehend their arrest in Mahnar P.S. Case No. 265/2017, instituted for the offences punishable under Sections 363, 365 and 34 of the Indian Penal Code. Learned counsel for the petitioners has submitted that there is general and omnibus allegation against these petitioners. Mere suspicion has been raised against them. In the written report there is allegation that daughter of the informant was taken by Kajal Kumari but she did not return to her house. It has been further submitted that the petitioners are ladies. Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioners is allowed. In the

Patna High Court Cr.Misc. No.44036 of 2018 (3) dt.10-08-2018 2/2 event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Mahnar P.S. Case No. 265/2017, 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, Vaishali at Hajipur, 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 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