Meera Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63799 of 2019 Arising Out of PS. Case No.-84 Year-2019 Thana- AANDAR District- Siwan ====================================================== 1.

MEERA DEVI D/o Late Ram Naresh Bhagat Resident of Village-Banthu, Sriram, P.S.-Ander, District-Siwan.

2.

Phoolmala Devi Wife of Kamlesh Bhagat Resident of Village-Banthu, Sriram, P.S.-Ander, District-Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kr Singh No.1 For the State :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 24-10-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149, 341, 323, 302, 504 and 506 of the Indian Penal Code, registered in connection with Ander P.S.Case No. 84 of 2019.

3. It is submitted that the petitioners have been falsely implicated on the accusation of assault on the informant's uncle, leading to his death. It is submitted that the accusations are general and omnibus in nature. The FIR has been instituted against as many as 11 persons, including the petitioners. The accusation of assault by all the accused persons is not

Patna High Court CR. MISC. No.63799 of 2019(2) dt.24-10-2019 2/3 corroborated by the post mortem report, which discloses only one injury on the head. Specific accusation of assault with bricks on the head of the informant's uncle has been attributed to co-accused Shatrudhan Bhagat. The petitioners are ladies claiming 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 A.C.J.M. IX, Siwan in connection with Ander P.S.Case No. 84 of 2019, 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.

Patna High Court CR. MISC. No.63799 of 2019(2) dt.24-10-2019 3/3 (iv) That the petitioners shall be well represented in court on on each and every date during trial, except as and when directed by the learned court below to be physically present 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