Rambha Devi And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.22064 of 2015 (2) dt.07-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22064 of 2015 Arising Out of PS.Case No. -75 Year- 2014 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Rambha Devi W/o Ravindra Rai

2. Babita Devi W/o Dharmendra Rai

3. Yoga Devi W/o Deo Nand Rai

4. Ravindra Rai S/o Deo Nand Rai

5. Dharmendra Rai S/o Deo Nand Rai All Resident of Village Kadhan, P.S. Kesariya, District East Champaran (Motihari).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhurendra Kumar For the Opposite Party/s : Mr. Smt. Sucheta Yadav (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 07-07-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Kesaria P.S. Case No. 75 of 2014 registered for the offences punishable under Sections 341, 323, 307, 379, 504/34 of the Indian Penal Code.

Petitioners no. 1, 2 and 3 are ladies and there is allegation against petitioner no. 1 that she assaulted the informant and so far as petitioners no. 2 and 3 are concerned, no specific overt-act has been attributed against them. Similarly, there is

Patna High Court Cr.Misc. No.22064 of 2015 (2) dt.07-07-2015 allegation against petitioner no. 4 that he assaulted the informant by means of iron rod but no specific overt-act has been attributed against petitioner no. 5.

Learned counsel for the petitioners drew my attention towards Annexure-2 to this petition and submits that injured sustained altogether three injuries but almost all the injuries are simple in nature, said to be caused by hard blunt substance. It is also pointed out by him that all the above stated injuries were found on knee, elbow, palm of wrist and no injury on the vital part of body of the informant was found.

However, from perusal of the impugned order of learned Sessions Judge, East Champaran, Motihari it would appear that in course of investigation, police found the case true under Sections 447, 341, 323, 504/34 of the Indian Penal Code. Therefore, in my view, petitioners do not have any apprehension of their arrest and accordingly, this petition stands disposed of being not maintainable.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T