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Patna High CourtCR. MISC./82702/2019bail granted

Kiran Devi v. The State Of Bihar

2019-12-18Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82702 of 2019 Arising Out of PS. Case No.-226 Year-2019 Thana- PAROO District- Muzaffarpur ====================================================== 1.

Kiran Devi Wife of Jageshwar Mahto Resident of Village - Koriya Khas, P.S.- Paroo, Distt - Muzaffarpur.

2.

Sita Devi Wife of Dahaur Mahto Resident of Village - Koriya Khas, P.S.- Paroo, Distt - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yugal Kishore, Advocate For the Opposite Party/s :

Mr.Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-12-2019 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in Paroo P.S. Case No. 226 of 2019, G.R No. 1799/19, registered for the offence punishable under Sections 147, 341, 323, 307 of the Indian Penal Code. Later on sections 148, 149, 324 and 504 of the Indian Penal Code was added.

It is alleged that all the accused persons including these petitioners assaulted the husband of informant on his head, as a result of which, he became severely injured. He is undergoing treatment. Four injuries sustained by the injured. Out of four injuries, injury no. 3 and 4 are simple caused by

Patna High Court CR. MISC. No.82702 of 2019(2) dt.18-12-2019 2/3 hard and blunt substance.

It is submitted by learned counsel appearing on behalf of petitioners that petitioners have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. Petitioners are ladies. Petitioner no. 1 is aged about 60 years and petitioner no. 2 is about 56 years. Petitioners have got no criminal antecedent.

Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on 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 Additional Chief Judicial Magistrate 3rd, West, Muzaffarpur in connection with Paroo P.S. Case No. 226 of 2019 G.R. No. 1799/19, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with further conditions:- (i) The petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates

Patna High Court CR. MISC. No.82702 of 2019(2) dt.18-12-2019 3/3 without sufficient reasons, their bail bond shall be liable to be cancelled by the court below.

(ii) If the 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. (Prabhat Kumar Singh, J) vinita/- U T