Punam Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13384 of 2016 Arising Out of PS.Case No. -139 Year- 2015 Thana -JALALGARH District- PURNIA ======================================================

1. Punam Devi W/o Sushil Mandal

2. Asha Devi W/o Ghanshyam

3. Nilam Devi W/o Ashok Mandal

4. Shanti Devi D/o Mahi Lal Mandal, all are residents of Village- Mahiyarpur, Police Station- Jalalgarh in the District of Purnea .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kumar, Advocater For the State : Mrs. Sangita Sharma, APP For the Informant : Mr. Ajit Ranjan Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 05-04-2016 Heard the parties.

The petitioners, who are ladies, apprehend their arrest in a criminal prosecution registered under Sections 302, 307 and some other allied offences under the Indian Penal Code. Though the petitioners, besides others, are named in the first information report vide Annexure-1 as accused, but taking into consideration the fact that the allegation against them is general and omnibus in nature and further taking into consideration the fact that they are not alleged to be armed with any specific weapon and also taking into consideration the fact that they are ladies, this Court is inclined to accede to the prayer made on behalf of the petitioners for grant of anticipatory bail. In the event of their arrest or surrender in the court below within a period of four weeks from today, let the above named four petitioners be released on bail on furnishing bail bonds of Rs.25,000/-(Rupees twenty five thousand) each with two

Patna High Court Cr.Misc. No.13384 of 2016 (2) dt.05-04-2016 2/2 sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate Vth, Purnea in connection with Jalalgarh P.S.Case No. 139 of 2015, subject to conditions laid down under Section 438 (2) of the Cr.P.C. and subject to the further conditions that :

(A) one of the bailors of each petitioners must be government servant or close family member of the petitioners who will file an affidavit in the court below showing his/her relationship with the petitioners, (B) if the petitioners are found involved in same and similar nature of cases in future, then in that case, the informant/prosecution shall be at liberty to file a petition for cancellation of bail of the petitioners, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned, and (C) the petitioners shall make regular pairvi in the court below in the present case either by appearing themselves in person or through representation by their lawyer on each and every dates, and if on two consecutive dates petitioners fail to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Prasad Verma, J) Tahir/- U T