Baby Kumari And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46408 of 2017 Arising Out of PS. Case No.-111 Year-2017 Thana- SULTANGANJ District- Bhagalpur ====================================================== 1.

Baby Kumari, 2.

Nigam Kumari @ Nigam Kumar Both are Daughters of Bano Yadav, R/o Village- Tilakpur, P.S.- Sultanganj, DistrictBhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar Jha For the Opposite Party/s :

Mr. SRI BAL MUKUND PRASAD SINHA ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-10-2017 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Sultanganj P.S. Case N0. 111 of 2017, disclosing offences under Sections 341,323,307,302,147,148,149 of the Indian Penal Code and Section 27 of the Arms Act.

Petitioners are ladies and are sisters of the main assailants Mukesh Kumar and Vikky Kumar, the co-accused. Learned counsel for the petitioners has submitted that this is the exceptional circumstance for grant of anticipatory bail to these petitioners though they are accused in a case under Section 302 of the Indian Penal Code. He has submitted that there is no allegation of assault against these petitioners and they have been

Patna High Court Cr.Misc. No.46408 of 2017(2) dt.03-10-2017 2/2 implicated because they are sisters of the main assailants. I find substance in the submission made on behalf of the petitioner. This application is, accordingly, allowed.

Let the petitioners above named in the event of their arrest/surrender within six weeks from today in the Court below, be released 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 the learned Additional Chief Judicial MagistrateI, Bhagalpur in Sultanganj P.S. Case No. 111 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) arun/- U