Ram Rekha Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24876 of 2017 Arising Out of PS.Case No. -165 Year- 2015 Thana -MAJORGANJ District- SITAMARHI ======================================================

1. Ram Rekha Devi, Wife of Late Baidya Nath Rai.

2. Usha Devi, Wife of Shambhu Rai.

3. Rita Devi, Wife of Ram Bbu Rai.

4. Pinki Devi, Wife of Shyam Rai. All residents of Village - Narha, Dhab Tola P.S. Majarganj, Distt.- Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Virendra Kumar For the Opposite Party/s : Mr. Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 03-08-2017 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners are languishing in custody since 10.04.2017 in connection with Majorganj P.S. Case No. 165/2015 for offences punishable under Section 307 and other allied Sections of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that while her husband was returning home after collecting money from his customers, earlier the informant had a fight due to some land dispute with petitioner no. 1, thereafter all the accused persons including the petitioners beat her husband and family

Patna High Court Cr.Misc. No.24876 of 2017 (4) dt.03-08-2017 2/3 members of the informant and sprinkled acid. Allegation upon the petitioners is of sprinkling acid on some of the family members of the informant.

It has been submitted by the learned counsel for the petitioners that they are innocent, bear no criminal history and there was a land dispute in which a counter-case has been filed earlier by the petitioners side bearing Majorganj P.S. Case No. 127/16. He submits that the petitioners were granted provisional bail till submission of charge-sheet and after submission of charge-sheet they have voluntarily surrendered. He further submits that the injury found on Mahendra Rai or the informant's husband, which has been found to be dangerous to life, has not been inflicted by either of the petitioners and that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioners, above named, 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

Patna High Court Cr.Misc. No.24876 of 2017 (4) dt.03-08-2017 3/3 learned Addl. Chief Judicial Magistrate-I, Sitamarhi, in connection with Majorganj P.S. Case No. 165/15.

(Nilu Agrawal, J) Rajesh/- U T