Santoshi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63738 of 2019 Arising Out of PS. Case No.-386 Year-2018 Thana- ALOULI District- Khagaria ====================================================== 1.

SANTOSHI DEVI Wife of Premchandra Yadav Resident of Village - Bari Simraha, P.S.- Alauli, Distt - Khagaria.

2.

Ravikant Kumar Son of Premchandra Yadav Resident of Village - Bari Simraha, P.S.- Alauli, Distt - Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Kishor Poddar For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 23-10-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Section 448, 341, 323, 307, 504, 379 and 34 of the Indian Penal Code, registered in connection with Alauli P.S. Case No. 386 of 2018.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of petty dispute over Rasta. The FIR has been lodged in retaliation to Complaint Case No 252C of 2018, filed by petitioner no.1. The petitioners are said to have assaulted the informant's brother and Sonapari Devi, respectively, with iron rod, but in any

Patna High Court CR. MISC. No.63738 of 2019(2) dt.23-10-2019 2/3 event the injuries are simple in nature. Petitioners claim clean antecedents.

4. Be that as it may, in the event of petitioners' arrest or surrender before court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each, to the satisfaction of learned S.D.J.M., Khagaria in connection with Alauli P.S.Case No. 386 of 2018, subject to the conditions as laid 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 petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioner no.1 shall be well

Patna High Court CR. MISC. No.63738 of 2019(2) dt.23-10-2019 3/3 represented in court on each and every date during trial, except as and when directed by the learned court below to be physically present and petitioner no.2 shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned court concerned.

(Vikash Jain, J) HR/- U T