Phoolmati Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46255 of 2018 Arising Out of PS.Case No. -141 Year- 2017 Thana -PARSA District- SARAN ======================================================

1. Phoolmati Devi, Wife of Raj Kishore Rai

2. Lalti Devi, Wife of Sahdeo Rai, Both are resident of Village- Bhalvahiya, Police Station- Parasa, District- Saran at Chapra. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Binod Singh For the Opposite Party/s : Mr. Sri Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-08-2018 Heard learned counsel for the petitioners, the informant as well as the State.

The petitioners apprehend their arrest in Parsa P.S. Case No. 141/2017, instituted for the offences punishable under Sections 147, 148, 149, 341, 323 and 302 of the Indian Penal Code read with Section 27 of the Arms Act.

Learned counsel for the petitioners has submitted that both petitioners are ladies. There is no specific allegation against these petitioners. In the written report, there is specific allegation of causing firearm injury on the brother of the informant against co-accused Shailendra Rai and Sahdeo Rai, who died subsequently. These petitioners are only named in the F.I.R. as a member of unlawful assembly.

Patna High Court Cr.Misc. No.46255 of 2018 (3) dt.21-08-2018 2/2 Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Parsa P.S. Case No. 141/2017, they shall be released on anticipatory 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 A.C.J.M. VIII, Saran at Chapra, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J.)