Dharshila Devi @ Dharmsheela Devi And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33342 of 2014 Arising Out of PS.Case No. -62 Year- 2014 Thana -AGIAUN District- BHOJPUR ======================================================
1. Dharshila Devi @ Dharmsheela Devi wife of Lalan Chaudhary .
2. Shila Devi alias Sheela Devi, Wife of Utam Chaudhary. Both are resident of village - Mandura,P.S. Agiaon Dist. -Bhojpur . .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.46388 of 2014 Arising Out of PS.Case No. -62 Year- 2014 Thana -AGIAUN District- BHOJPUR ======================================================
1. Vinay Choudhary @ Vinay Kumar @ Vinay Kumar Choudhary Son of Late Manrup Singh Resident of Village Madura, P.S. Agioan, DistrictBhojpur .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.33342 of 2014) For the Petitioner/s : Mr. Rajendra Nath Sinha For the Opposite Party/s : Mr. Uday Chandra Pd.(App) (In Cr.Misc. No.46388 of 2014) For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Rana Randhir Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-01-2015 Heard learned counsels for the petitioners and the State. The petitioners are languishing in custody since 9.6.2014 and 11.6.2014 respectively in a case registered for the offences punishable under Sections 420,406,302 and 201/34 of the
Patna High Court Cr.Misc. No.33342 of 2014 (3) dt.12-01-2015 2/3 Indian Penal Code.
It is alleged that the father of the informant went to the house of Uttam Choudhary to pay remaining consideration amount for getting the sale deed executed with regard to a land and thereafter he went traceless. When it was inquired from Uttam Choudhary then it is stated that his father went towards north. Subsequently the police recovered the dead body of the father of the informant from a locked room of the house of Uttam Choudhary.
It is submitted by the learned counsel for the petitioners Dharshila Devi @ Dharmsheela Devi and Shila Devi being ladies have been falsely implicated since they are mother and wife of Uttam Choudhary. There are no eye witnesses to the occurrence. It is submitted on behalf of petitioner Vinay choudhary that he is neither named in the FIR nor in the protest petition rather his name subsequently sprang up during investigation. Considering the fact that petitioners of Cr. Misc. No. 33342 of 2014 are ladies, there are no eye witnesses to the occurrence and the petitioner of Cr. Misc. No. 46388 of 2014 is not named in the FIR and statements have been made in paragraph 3 of the petitions that the petitioners have no criminal antecedent,
Patna High Court Cr.Misc. No.33342 of 2014 (3) dt.12-01-2015 3/3 let the above named petitioners be released 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 learned CJM, Bhojpur at Ara in connection with Agiaon(G) P.S. Case No. 62 of 2014. (Dinesh Kumar Singh, J) Anil/- U T