Bima Devi @ Bimla Devi @ Vimal Debi v. State Of Bihar
2021-06-07
AHSANUDDIN AMANULLAH
body2021
DigiLaw.ai
JUDGMENT Ahsanuddin Amanullah, J. - 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. 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. 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.
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 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.