Saraswati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56156 of 2019 Arising Out of PS. Case No.-169 Year-2019 Thana- RAJAON District- Banka ====================================================== 1.

SARASWATI DEVI W/o Jaikant Yadav R/o Village- Subka, P.S.- Rajoun, District- Banka 2.

Guddi Kumari W/o Chandan Prasad Yadav R/o village-Subka, P.S.- Rajoun, District- Banka 3.

Bishekha Kumari @ Bishekha Devi W/o Lalu Prasad Yadav R/o villageSubka, P.S.- Rajoun, District- Banka 4.

Pinki Kumari @ Neetu @ Neetu Kumari D/o Jaikant Yadav R/o villageSubka, P.S.- Rajoun, District- Banka ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sarveshwar Tiwary For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 323, 325, 307, 354B, 504, 506 of the Indian Penal.

Allegedly, all the accused persons entered into house

Patna High Court CR. MISC. No.56156 of 2019(3) dt.12-06-2020 2/3 and caught hair of informant's wife Sharda Kumari, who is a teacher and she was disrobed. It is also alleged that the accused persons in furtherance of common intention assaulted her as a result of which, she sustained injury. The offshoot of the occurrence is said to be an occurrence of threatening by accused persons of kidnapping to the son of informant. It is further alleged that the accused persons took away mobiles and essential documents.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. Both parties are agnates. For a petty reason, the alleged occurrence is said to have taken place. The injury caused to the informant and his wife by the petitioners is on non-vital part of body. Petitioners are ladies.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R. Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of

Patna High Court CR. MISC. No.56156 of 2019(3) dt.12-06-2020 3/3 learned Chief Judicial Magistrate, Banka in connection with Rajoun P.S. Case No. 169 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T