Ram Pari Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.75205 of 2018 Arising Out of PS. Case No.-108 Year-2017 Thana- LADANIA District- Madhubani ======================================================
1. Ram Pari Devi Wife of Ramdeo Mandal,
2. Sanjay Mandal, Son of Ram Deo Mandal,
3. Ramjee Mandal, Son of Late Yugeshwar Mandal, Resident of VillageLaxminiya Maliya Tole, P.S.- Ladaniya, District- Madhubani. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gagan Deo Yadav For the Opposite Party/s :
Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-02-2019 Learned counsel for the petitioner points out that by order dated 21.12.2018, the anticipatory bail petition as against petitioner nos. 2 and 3, namely, Sanjeev Mandal and Ramjee Mandal had been dismissed as withdrawn.
2. By order dated 21.01.2019, anticipatory bail was thereafter granted to the petitioner no. 1. However, owing to typographical error, in para 5 of the said order, reference has been made generally in respect of the petitioners instead of only the petitioner no. 1.
3. In the above view of the matter and having regard to the typographical error, let para 5 of the order dated 21.01.2019 be treated as corrected to read as follows- "5. Be that as it may, in the event of arrest or surrender by petitioner no. 1, Ram Pari Devi, before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate IV, Madhubani, in connection with Ladaniya P.S. Case No. 108 of 2017, subject to the conditions as laid
Patna High Court Cr.Misc. No.75205 of 2018(4) dt.08-02-2019 2/2 down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:
i. That one of the bailors shall be a close relative of the petitioner no.1.
ii. That the petitioner no.1 shall not indulge in any similar offence till conclusion of the trial.
iii. That the petitioner no.1 shall co-operate with the investigation, if not already concluded, and make herself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
iv. The petitioner no.1 shall be well represented in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, her bail bond shall be liable to be cancelled by the learned Court concerned."
4. The time granted to the petitioner no.1 for surrender and furnishing bail bond before the learned Court below in terms of order dated 21.01.2019 shall be reckoned from today.
5. The order dated 21.01.2019 is modified to the above extent and the present order shall form part of the said order. (Vikash Jain, J) Chandran/- U T