Shanti Devi And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47644 of 2015 Arising Out of PS.Case No. -191 Year- 2015 Thana -TAJPUR District- SAMASTIPUR ======================================================
1. Shanti Devi Wife of Jawahar Rai
2. Manish Rai Son of Lalo Rai
3. Ranjeet Rai Son of Lalo Rai
4. Lalo Rai Son of Late Anupi Rai
5. Laldev Rai Son of Late Anupi Rai
6. Naresh Rai Son of Vishwanath Rai
7. Dharmsheela Devi Wife of Ramnath Rai
8. Kaliya Devi Wife of Kalash Dev Rai
9. Mantu Rai Son of Laldev Rai
10. Reena Devi Wife of Umesh Rai All residents of Village - Banvira, P.S. - Tajpur (Halai O.P.), District - Samastiapur.
.... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Jitendra Narain Sinha For the Opposite Party/s : Mr. D.P. Tiwary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 15-10-2015 Heard Sri Jitendra Narain Sinha, learned counsel for the petitioners and learned Addl. Public Prosecutor. Ten petitioners have approached this Court apprehending their arrest in connection with Tajpur ( Halai O.P.) P.S. Case No.191 of 2015, registered for the offence under Sections 147,149,341, 323, 353, 332, 333, 504 and 506 of the Indian Penal Code.
Learned counsel for the petitioner submits that the present case has been lodged in connivance with accused of one
Patna High Court Cr.Misc. No.47644 of 2015 (2) dt.15-10-2015 2/3 Complaint Case no.1239 of 2015. He submits that the police officer, who is the informant of the present case, had connived with the accused in the complaint case and, as such, all the petitioners deserve the privilege of anticipatory bail. I have perused the F.I.R. of the present case. On going through the material on record, the Court is of the Opinion that save and except female accused i.e. Shanti Devi (petitioner no.1), Dharmsheela Devi (petitioner no.7), Kaliya Devi (petitioner no.8) and Reena Devi (petitioner no.10), other accused persons are not entitled to the privilege of anticipatory bail. Accordingly, the prayer for anticipatory bail of (i) Manish Rai ( petitioner no.2) (ii) Ranjeet Rai ( petitioner no.3), (iii) Lalo Rai ( petitioner no.
4), (iv) Laldev Rai ( petitioner no.5), (v ) Naresh Rai ( petitioner no.6) (vi) Mantu Rai ( petitioner no.9) is hereby rejected. So far Shanti Devi (petitioner no.1), Dharmsheela Devi (petitioner no.7), Kaliya Devi (petitioner no.8) and Reena Devi (petitioner no.10) are concerned, in the event of their arrest or surrender within six weeks from today, they shall be enlarged 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 Chief Judicial Magistrate, Samastipur in connection with Tajpur ( Halai O.P). P.S. Case No.
Patna High Court Cr.Misc. No.47644 of 2015 (2) dt.15-10-2015 3/3 conditions as laid down in Section 438(2) of the Code of Criminal Procedure.
(Rakesh Kumar, J) NKS/- U