Bima Devi @ Bimla Devi @ Vimal Debi vs The State Of Bihar
2021 Latest Caselaw 2264 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.36660 of 2020
            Arising Out of PS. Case No.-620 Year-2020 Thana- ARARIA District- Araria
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1. Bima Devi @ Bimla Devi @ Vimal Debi, aged about 46 years, female, W/o-

Pradip Paswan,

2. Niraj Paswan @ Neeraj Kumar Paswan, aged about 21 years, Male, son of Pradip Paswan, Both are resident of village- Momin Tola Ward No. 3, P.S. Araria (RS), District- Araria ... ... Petitioner/s

Versus

The State of Bihar.

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

     For the Petitioner/s    :        Mr. Nafisuzzoha, Advocate
     For the State           :        Mr. Md. Arif, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 07-06-2021

The matter has been heard via video conferencing.

2. The matter has been heard out of turn on the basis

of motion slip filed by learned counsel for the petitioners on

03.06.2021, which was allowed.

3. Heard Mr. Nafisuzzoha, learned counsel for the

petitioners and Mr. Md. Arif, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

4. The petitioners apprehend arrest in connection with

Araria (RS) PS Case No. 620 of 2020 dated 09.08.2020,

instituted under Sections 341, 323, 324, 379, 307, 353, 504,

506/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.36660 of 2020 dt.07-06-2021

5. The allegation against the petitioners, who are

mother and son, is that when the Electric Meter Reader had

gone to take reading of their consumption, they along with the

husband of the petitioner no. 1 and others had not only

prevented him, but also abused and assaulted.

6. Learned counsel for the petitioners submitted that

the main allegation is against the husband of the petitioner no. 1

and the petitioner no. 1 is a simple housewife, whereas, against

petitioner no. 2, who is the son of the petitioner no. 1, there is no

specific allegation. It was submitted that there was no injury on

the person of the Meter Reader, which is also apparent from the

fact that the learned Additional Sessions Judge-cum- Special

Judge, Araria, in his order dated 11.09.2020 in ABP No. 1161 of

2020, has not stated about the injury while rejecting the prayer

for anticipatory bail of the petitioners. Learned counsel

submitted that against the petitioner no. 1, there is an earlier

case filed for theft of electricity, which is pending, but the

petitioner no. 2 has no criminal antecedent. Learned counsel

submitted that though the incident has been blown up and there

may have been some hot talk, the Court may impose sufficient

conditions on the petitioners so that they do not repeat such act

in future.

Patna High Court CR. MISC. No.36660 of 2020 dt.07-06-2021

7. Learned APP submitted that the petitioners are of

the same family and initially, they used to consume electricity

by illegal means and when the meter was installed, they

prevented the Meter Reader from taking the reading.

8. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, in

the event of arrest or surrender before the Court below within

six weeks from today, the petitioners be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand)

each with two sureties of the like amount each to the satisfaction

of the learned Chief Judicial Magistrate, Araria, in Araria (RS)

PS Case No. 620 of 2020, subject to the conditions laid down in

Section 438(2) of the Code of Criminal Procedure, 1973 and

further (i) that one of the bailors shall be a close relative of the

petitioners, (ii) that the petitioners and the bailors shall execute

bond with regard to good behaviour of the petitioners, and (iii)

that the petitioners shall also give an undertaking to the Court

that they shall not indulge in any illegal/criminal activity, act in

violation of any law/statutory provisions, tamper with the

evidence or influence the witnesses. Any violation of the terms

and conditions of the bonds or the undertaking shall lead to

cancellation of their bail bonds. The petitioners shall cooperate Patna High Court CR. MISC. No.36660 of 2020 dt.07-06-2021

in the case and be present before the Court on each and every

date. Failure to cooperate or being absent on two consecutive

dates, without sufficient cause, shall also lead to cancellation of

their bail bonds.

9. It shall also be open for the prosecution to bring

any violation of the foregoing conditions of bail by the

petitioners, to the notice of the Court concerned, which shall

take immediate action on the same after giving opportunity of

hearing to the petitioners.

10. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

J. Alam/-

AFR/NAFR U T