Chandrika Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6954 of 2016 Arising Out of PS.Case No. -119 Year- 2013 Thana -UDAKISHANGANJ District- MADHEPURA ======================================================

1. Chandrika Devi W/o Shyamsundar Yadav

2. Meena Devi W/o Subhash Yadav

3. Sudha Devi W/o Pappu Yadav All Resident of Village- Biri Ranpal P.s Udakishunganj, District Madhepura.;

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-02-2016 Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 341, 323, 324, 307, 504, 379 of the Indian Penal Code and Section 3(1)(x) of the SC & ST (Prevention of Atrocities) Act. The prosecution case is of abusing the informant's side by calling caste name and making assault. It is submitted by learned counsel for the petitioners that on conclusion of the investigation, final form was submitted and petitioners were not sent up for trial, but differing with the final form, cognizance has been taken by learned S.D.J.M, Udakishunganj vide order dated 12.05.2014. A statement to that effect has been made in para 7 of the petition which reads as follows:- "That during investigation

Patna High Court Cr.Misc. No.6954 of 2016 (2) dt.16-02-2016 2/2 the police did not find case true against the petitioners and nor charge sheet has been submitted against them yet the learned S.D.J.M, Udakishunganj was pleased to take cognizance on 12.05.2014 against them also."

Considering the fact that petitioners are ladies and they have not been sent up for trial, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory 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 SubDivisional Judicial Magistrate, Udakishunganj at Madhepura in connection with Udakishunganj P.S. Case No. 119 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Shageer/- U T