Nikki Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39497 of 2018 Arising Out of PS.Case No. -578 Year- 2017 Thana -AMARPUR District- BANKA ======================================================

1. Nikki Devi, Wife of Jatan Tanti,

2. Lalita Kumari, Daughter of Jatan Tanti, Both are resident of VillageDumariya, P.S.- Amarpur, District- Banka. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-07-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Amarpur P.S.Case No.578 of 2017 , registered for offences punishable under Sections 302/34 of the Indian Penal Code. Allegation against the petitioners as per FIR is that Jatan Tanti and Binod Tanti assaulted the wife of the informant indiscriminately and the allegation against the petitioners is that they used abusive language against the petitioner. Submission of the learned counsel for the petitioners is that the allegation is false and concocted and except the allegation of abusing the informant there is no allegation of assault against the petitioners and they are ladies.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.39497 of 2018 (3) dt.27-07-2018 2/2 Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Banka in connection with Amarpur P.S.Case nO.578 of 2017 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T