Lalita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69649 of 2019 Arising Out of PS. Case No.-149 Year-2019 Thana- SARMERA District- Nalanda ====================================================== 1.

REKHA DEVI Wife of Mukesh Chaudhary, D/O - Late Baleshwar Chaudhary Resident of Village - Gilani, P.S.- Sare, District- Nalanda. At present Resident of Village - Mir Nagar, P.S.- Sarmera, District- Nalanda 2.

Kari Devi @ Karo Devi Wife of Akhilesh Chaudhary, D/O - Late Baleshwar Chaudhary Resident of Village - Peshaur, P.S.- Rahui, District- Nalanda. At present Resident of Village - Mir Nagar, P.S.- Sarmera, District- Nalanda 3.

Sulekha Devi Wife of Arun Chaudhary, D/O - Late Baleshwar Chaudhary Resident of Village - Kali Chak, P.S.- Sarmera, District- Nalanda. At present Resident of Village - Mir Nagar, P.S.- Sarmera, District- Nalanda ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 5031 of 2020 Arising Out of PS. Case No.-149 Year-2019 Thana- SARMERA District- Nalanda ====================================================== LALITA DEVI W/o Late Baleshwar Choudhary, Resident of Village - Mirnagar, P.S.- Sarmera, Dist.- Nalanda.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 69649 of 2019) For the Petitioner/s :

Mr. Ashok Kumar Mishra For the Opposite Party/s :

Mr. Md. Aslam Ansari (In CRIMINAL MISCELLANEOUS No. 5031 of 2020) For the Petitioner/s :

Mr. Pramod Kumar Sinha For the Opposite Party/s :

Mr. Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 26-06-2020 Both the above stated petitions have been filed under Section 438 of the Cr.P.C. in connection with Sarmera P.S. Case No. 149 of 2019 registered under

Patna High Court CR. MISC. No.69649 of 2019(5) dt.26-06-2020 2/3 Section 302/34 of the Indian Penal Code.

Heard learned counsel Sri. Ashok Kumar Mishra, appearing in Criminal Misc. No. 69649 of 2019, learned counsel Sri. Pramod Kumar Sinha, appearing in Criminal Misc. No. 5031 of 2020 for the petitioners. Also heard Mr. Rampriya Saran Singh, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioners apprehend their arrest in connection with Sarmera P.S. Case No. 149 of 2019 registered for the offences punishable under Section 302/34 of the Indian Penal Code.

Although, petitioners are named in the First Information Report with general allegation of throwing bricks on the deceased but in course of investigation, the prosecution witnesses very clearly stated that the brick thrown by co-accused Shanidev Chaudhary caused head injury to deceased. Moreover, all the above stated petitioners are ladies.

Therefore considering the aforesaid facts and circumstances as well as submissions of the parties, let the above named petitioners in the event of their arrest/surrender within six weeks from the date of receipt of this order to the Court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.69649 of 2019(5) dt.26-06-2020 3/3 (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda in connection with Sarmera P.S. Case No. 149/19 subject to conditions as laid down under Section 438 (2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) GAURAV S./- U T