Patna High CourtCR. MISC./49539/2017allowed

Priyanka Devi And ANR v. The State Of Bihar

2017-10-18Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49539 of 2017 Arising Out of PS. Case No.-153 Year-2017 Thana- TAJPUR District- Samastipur ====================================================== 1.

Priyanka Devi, wife of Satya Prakash Kushwaha 2.

Pramila Devi, wife of Ram Naresh Kushwaha, both are resident of village- Chakle Waini, P.S. Waini, O.P. District- Samastipur ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Babita Kumari For the Opposite Party/s :

Mr. SRI SURENDRA KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-10-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners are apprehending their arrest in connection with Tajpur (Waini) P.S. Case No. 153 of 2017 for the offence under Sections 147,149,341,323, 447, 307 and 302 of the Indian Penal Code.

Counsel for the petitioners submits that in the FIR there is no specific overt act alleged against these two petitioners. He submits that in a case like the instant where the entire family is roped in a criminal case, the court should consider the desirability of granting anticipatory bail to the female against whom there is no specific overt act alleged. He submits that these petitioners have no criminal antecedent.

Patna High Court Cr.Misc. No.49539 of 2017(2) dt.18-10-2017 2/2 Considering the fact that there is no specific overt act alleged against these two petitioners, let the petitioners, above named, in the event of arrest or surrender within four weeks from today, be released on 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 Additional Chief Judicial Magistrate 1st, Samastipur in connection with Tajpur (Waini) P. S. Case No. 153 of 2017, subject to the conditions as laid down under Section 438(2) Cr. P. C.

(Anil Kumar Upadhyay, J) spandey/- U T