Kanti Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74211 of 2018 Arising Out of PS. Case No.-108 Year-2018 Thana- BARH District- Patna ======================================================

1. Kanti Devi W/o- Ram Lal Mahto

2. Gauri Devi, W/o- Pankaj Kumar Both are resident of Village- Nadawan, P.S. Barh, District- Patna.

... ... Petitioners

Versus

The State Of Bihar ... ... Opposite Partys ====================================================== Appearance :

For the Petitioner :

Mr. Arun, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 21-01-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehends their arrest for the offences alleged under Sections 302/34 of the Indian Penal Code registered in connection with Barh P.S. Case No. 108 of 2018.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of land dispute and the informant is not the eye witness to the alleged occurrence. The accusations are general and omnibus in nature and no specific assault has been attributed to the present petitioners who are both ladies and claim clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, in the event of the petitioners' arrest or surrender before the court below within six

Patna High Court Cr.Misc. No.74211 of 2018(3) dt.21-01-2019 2/2 weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Barh, Patna in connection with Barh P.S. Case No. 108 of 2018, 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) 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. (iv) 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. (Vikash Jain, J) Ibrar//- U T