Ram Pyari Devi And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.16493 of 2017 (2) dt.04-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16493 of 2017 Arising Out of PS.Case No. -214 Year- 2016 Thana -BIBHUTIPUR District- SAMASTIPUR ======================================================

1. Ram Pyari Devi wife of Late Ramashray Mahto,

2. Renu Kumari, D/o late Ramashray Mahto, Both resident of Village- Bibhutipur, Police Station- Bibhutipur, District- Samastipur.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Abhimanyu Sharma, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-04-2017 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody since 14.12.2016 in connection with Sessions Trial No. 09 of 2017 arising out of Bibhutipur P.S. Case No. 214 of 2016 for the offences alleged under Sections 302, 201, 120B/34 of the Indian Penal Code.

3. It is submitted that the petitioners have been falsely implicated merely because they happened to be the mother and sister of the girl with whom deceased was said to have had illicit relationship. Petitioners have not been named in the F.I.R. and their names have surfaced on the basis of the statement of one Ravindra Kumar @ Lalo who was found at the house of Bipin Prasad Singh, the latter having been granted bail by this Court in Cr. Misc. No. 5510 of 2017. There is no material to indicate any role having been played by the petitioners for the alleged occurrence. Petitioners are ladies having clean antecedents.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioners above named be

Patna High Court Cr.Misc. No.16493 of 2017 (2) dt.04-04-2017 released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge, Rosera at Samastipur, in connection with Sessions Trial No. 09 of 2017 arising out of Bibhutipur P.S. Case No. 214 of 2016, on the following conditions:- (i) That one of the bailors of each of the petitioners shall be their close relative.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners will 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, their bail bonds shall be liable to be cancelled by the learned Court concerned. (iv) The petitioners shall cooperate 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. (Vikash Jain, J) Md. Ibrarul/psc U T