Mala Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 5707 of 2016 Arising Out of PS.Case No. -263 Year- 2015 Thana -BAKHRI District- BEGUSARAI ======================================================
1. Mala Devi Wife of Sambhu Sada
2. Kusuma Devi @ Kusma Devi D/o Dahar Sada All Resident of village- Bahorchak, P.S.- Bokhari, District- Begusarai .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Brajesh Kumar Singh For the Opposite Party/s : Mr. D.P.Tiwari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.
19-02-2016 Heard learned counsel for petitioners and Sri Damodar Prasad Tiwary, learned Addl. Public Prosecutor. Two petitioners, apprehending their arrest in Bakhari P.S. Case No. 263 of 2015 registered for the offence under Sections 341, 323, 504 & 308 of the Indian Penal Code, have prayed for grant of anticipatory bail.
It was submitted by learned counsel for petitioners that save and except offence under Section 308 of the I.P.C., all other sections are bailable. It has also been argued that in this case, one of the male accused, who was arrayed as accused in the F.I.R., has already been granted regular bail.
Keeping in view the fact that both the petitioners are lady as well as nature of accusation and the fact that one of the
Patna High Court Cr.Misc. No.5707 of 2016 (2) dt.19-02-2016 2/2 male accused has been granted regular bail, there is no reason to refuse the prayer for anticipatory bail.
Accordingly, in the event of their arrest or surrender before the court below within a period of six weeks from today, let both the petitioners namely Mala Devi and Kusuma/Kusma Devi be enlarged 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 learned S.D.J.M., Begusarai in connection with Bakhari P.S. Case No. 263 of 2015, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Rakesh Kumar, J.) Anay U T