Anita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77026 of 2019 Arising Out of PS. Case No.-162 Year-2019 Thana- RANIGANJ District- Araria ====================================================== ANITA DEVI Wife of Vijay Kumar Mandal @ Vijay Mandal Resident of Village - Kharhat, Ward No. 4, P.S. - Raniganj, Dist.- Araria ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh, Advocate For the Opposite Party/s :

Mr.Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 17-01-2020 Heard learned counsel for the petitioner and learned APP for State.

The petitioner in this case is seeking regular bail in connection with Raniganj P.S. Case No. 162 of 2019 registered for the offences punishable under Sections 326, 307/34 of the Indian Penal Code and Section 302 IPC has been added later on. Learned counsel for the petitioner submits that there is general and omnibus allegation against the petitioner and no specific allegation of any overt act has been alleged against the petitioner. It is further submitted that similarly situated co-accused Anil Mandal has been admitted to bail by a learned co-ordinate Bench of this Court vide order dated 02.08.2019 passed in Cr. Misc. No. 48024 of 2019 and the petitioner being lady is suffering custody since 18.10.2019. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

Considering the facts and circumstances of the case

Patna High Court CR. MISC. No.77026 of 2019(2) dt.17-01-2020 2/2 wherein it is the submission of learned counsel for the petitioner that no overt act has been alleged against the petitioner and that similarly situated co-accused Anil Mandal has been granted regular bail by a learned co-ordinate Bench of this Court in Cr. Misc. No. 48024 of 2019 and the petitioner being in custody since 18.10.2019, let the petitioner above named be released on bail on furnishing of bail bond of Rs. 15,000/- (fifteen thousand ) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Araria in connection with Raniganj P.S. Case No. 162 of 2019, subject to the condition as laid down under Section 437 (3) of the Cr.P.C. i.e.

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence. (Rajeev Ranjan Prasad, J) avin/- U T