Rekha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15795 of 2024 Arising Out of PS. Case No.-507 Year-2023 Thana- MADHEPURA District- Madhepura ====================================================== 1.
Rekha Devi W/o- Ranjan Yadav Village- Bhagwanpur W.no-12, PS DistMadhepura 2.
Rina Devi wife of Sanjit Yadav @ Malakh Village- Bhagwanpur W.No-12, PS Dist- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nafisu Zzoha, Advocate For the Opposite Party/s :
Mr.Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 13-03-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. Petitioners apprehend their arrest in connection with Madhepura P.S. Case No.507 of 2023 instituted under Sections 341, 323, 307, 354(B), 302/34 of the I.P.C. but cognizance has been taken only under Sections 304, 341, 323 and 504 of the I.P.C.
3. It is alleged that the petitioners including other accused persons, during plucking litchi from orchard, assaulted the husband of the informant due to which he succumbed to the injuries.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.15795 of 2024(2) dt.13-03-2024 2/2 petitioners are innocent and have falsely been implicated in this case. They are agnates of the informant having litigating terms for partition of ancestral property. He further submits that there is no specific allegation of overt act against the petitioners and they have shown as members of the mob. The petitioners are housewives having no criminal antecedent. The petitioners are ready to cooperate in the trial.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering 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 on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Madhepura in connection with Madhepura P.S. Case No.507 of 2023, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) Harish/- U T