Patna High CourtCR. MISC./91/2018bail granted

Dhanauti Devi @ Dhanpati Devi And ANR v. The State Of Bihar

2018-01-09Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.91 of 2018 Arising Out of PS.Case No. -62 Year- 2015 Thana -MALI District- AURANGABAD ======================================================

1. Dhanauti Devi @ Dhanpati Devi, W/o Lalan Ram,

2. Dewanti Devi, W/o Pankaj Ram, Both R/o Village Sinduriya, P.S. Mali, Disrict-Aurangabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate. For the Opposite Party/s : Mr. Kalyan Shankar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-01-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Mali P.S. Case No. 62 of 2015 instituted for the offence under Sections 341, 323, 325, 307 and 504/34 of the Indian Penal Code. In the written report, there is general and omnibus allegation against the petitioners that they arrived at the place of occurrence and started abusing and assaulting the wife of the informant.

Police has submitted Final Form against both the petitioners on completion of investigation, showing the implication of the petitioners in this case false, but the court below has taken cognizance against the petitioners along with other

Patna High Court Cr.Misc. No.91 of 2018 (2) dt.09-01-2018 2/2 accused persons.

Both the petitioners are ladies.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Mali P.S. Case No. 62 of 2015, they shall be released on anticipatory 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 Chief Judicial Magistrate, Aurangabad, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) S.