Patna High Court - Orders
Sugenda Devi @ Sugendi Devi & Ors vs The State Of Bihar on 19 September, 2014
Author: Amaresh Kumar Lal
Bench: Amaresh Kumar Lal
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25934 of 2014
Arising Out of PS.Case No. -172 Year- 2013 Thana -LAURIYA District-
WESTCHAMPARAN(BETTIAH)
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1. Sugenda Devi @ Sugendi Devi daughter of Late Raghunath Yadav
2. Shashi Devi daughter of Late Raghunath Yadav
3. Most. Pyari Devi @ Most, Pushpa Devi wife of late Raghunath Yadav.
4. Rekha Devi wife of Laddu Yadav @ Rahul All are residents of village
and Police Station - Lauriya, District - West Champaran.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar (App)
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CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL
ORAL ORDER
2 19-09-2014Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners apprehend arrest in a case registered for the offence punishable under Sections 341, 323, 325, 307 and 379/34 of the Indian Penal Code.
It is submitted that during investigation the petitioners were granted bail by the police and after investigation the police submitted chargesheet for the offence punishable under Sections 341, 323 and 325/34 of the Indian Penal Code but the learned Chief Judicial Magistrate, Bettiah, West Champaran, has taken cognizance for the offence punishable under Sections 323, 341, 325, 307 and 379/34 of the Indian Penal Code.
It is admitted position that the petitioners are on bail granted by the police. It is settled principle of law that if an accused is on bail granted by the police and has not misused the privilege of bail, the same privilege will not be denied to such an accused.
Patna High Court Cr.Misc. No.25934 of 2014 (2) dt.19-09-2014 2/2It is submitted that the petitioners have not misused the privilege of bail.
Considering the facts and circumstances, the above named petitioners are directed to surrender before Sri N. P. Singh, Judicial Magistrate, Ist Class, Bettiah, West Champaran, in Trial no. 2474 of 2014 arising out of Lauriya P. S. Case no. 172 of 2013 within a period of four weeks from today and thereafter the learned Magistrate will consider the prayer for bail of the petitioners in accordance with law keeping in view the well established principle that a person, who is already on bail, shall not be denied such privilege unless there is any allegation of misuse etc. as laid down in the case of Mahendra Prasad Singh v. The State of Bihar, reported in 2004(3) PLJR 491.
With the above observation, this petition stands disposed of.
(Amaresh Kumar Lal, J) sudip/-
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