Sanju Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63643 of 2023 Arising Out of PS. Case No.-281 Year-2022 Thana- DEV District- Aurangabad ====================================================== 1.
Sanju Devi Wife Of Ramji Ram Resident Of Village - Doman Bigha, P.S. - Deo, District - Aurangabad 2.
Babita Devi Wife Of Vinay Ram Resident Of Village - Doman Bigha, P.S. - Deo, District - Aurangabad 3.
Nepuri Devi Wife Of Jairam Ram @ Jay Ram Ram Resident Of Village - Doman Bigha, P.S. - Deo, District - Aurangabad ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs.Mukul Kumari, Adv.
For the Opposite Party/s :
Mrs.Sharda Kumari APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 16-10-2023 Heard learned counsel for the petitioners and the learned APP for the State.
2. The petitioners are apprehending their arrest in connection with Deo PS Case No 281 of 2022 dated 25-10-2022, registered for the offence punishable under Sections 341,323,324,325, 307 and 506/34 of the Indian Penal Code.
3. The First Information Report ( for brevity 'FIR') alleges that co-accused, namely, Vinay Ram was excavating soil from the informant's land which was objected to, whereafter, it is alleged that all the family members, including these
Patna High Court CR. MISC. No.63643 of 2023(2) dt.16-10-2023 2/3 petitioners, who are females, arrived at the place and started hurling abuses. Specific assault is alleged against other coaccused persons.
4. It is submitted by the petitioners' counsel that the petitioners are female family members and have been implicated on extraneous consideration, though no specific allegation has been levelled against them. The petitioners have no criminal antecedents.
5. Learned APP for the State has opposed the prayer for bail. It is submitted that the petitioners are named accused and injuries have been corroborated in the investigation.
6. Considering the rival submissions, the petitioners being ladies, having no antecedents and there being no specific allegation alleged against the petitioners, this Court, for the limited purposes of grant of bail, is inclined to accept the submissions advanced by the petitioners' counsel. Prayer for anticipatory bail is allowed.
7. Accordingly, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of 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
Patna High Court CR. MISC. No.63643 of 2023(2) dt.16-10-2023 3/3 learned CJM Aurangabad, in connection with Deo PS Case No 281 of 2022 dated 25-10-2022, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure with following conditions:
(i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the court if there is any change in the address of the petitioners.
(ii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail bond will be liable to be cancelled.
(Madhuresh Prasad, J) shyambihari/- U