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Patna High CourtCR. MISC./67802/2019disposed

Manju Devi v. The State Of Bihar

2020-03-05Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67802 of 2019 Arising Out of PS. Case No.-174 Year-2019 Thana- BIHARIGANJ District- Madhepura ====================================================== 1.

Manju Devi Wife of Pradeep Sah Resident of Village - Pariharpur, Ward No.11, P.S.- Bihariganj, Dist.- Madhepura.

2.

Niranjan Kumar @ Niranjan Sah Son of Pardeep Sah Resident of Village - Pariharpur, Ward No.11, P.S.- Bihariganj, Dist.- Madhepura. 3.

Polay Sah @ Pollay Sah Son of Late Domi Sah Resident of Village - Pariharpur, Ward No.11, P.S.- Bihariganj, Dist.- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra, Advocate For the Opposite Party/s :

Mr.Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 05-03-2020 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Bihariganj P.S. Case No.174 of 2019, registered for the offence punishable under Sections 341, 342, 147, 148, 323, 324, 307, 380, 354, 435, 504 and 506 of the Indian Penal Code.

Allegation has been made that the petitioners have assaulted the victim by different weapons.

Considering the fact that the petitioner no.1, namely, Manju Devi is the lady, aged about 57 years, let her be released on anticipatory bail in the event of her arrest or

Patna High Court CR. MISC. No.67802 of 2019(3) dt.05-03-2020 2/2 surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate-1st Class, Uda Kishunganj, Madhepura in connection with Bihariganj P.S. Case No. 174 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. Further condition is that whenever the police will call the petitioner no.1 for the purposes of investigation and interrogation, she will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled.

So far as prayer for bail of petitioner nos. 2 and 3 is concerned, the same is rejected.

However, if the petitioner nos. 2 and 3 surrender before the Court below within four weeks from today and pray for regular bail, the Court below will consider the same and pass appropriate order without being influenced by the order of this Court.

(Shivaji Pandey, J) V.K.Pandey/- U T