Babita Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22327 of 2016 Arising Out of PS.Case No. -202 Year- 2016 Thana -SUPAUL District- SUPAUL ======================================================

1. Babita Devi wife of Shiv Ganesh Kamat

2. Asha Devi wife of Bechan Kamat

3. Mostt. Bebi Devi Wife of late Nunu Kamat Resident of Supaul, Ward , No. 11, Police Station and District Supaul.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun, Adv. For the Opposite Party/s : Mr. M.K. Khare(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-08-2016 Heard both sides. Legible certified copy of the F.I.R. is filed and kept the same on record.

The petitioners Babita Devi, Asha Devi and Mostt Bebi Devi apprehend their arrest in Supaul P.S. Case No. 202/16, registered for the offences punishable under Sections 147, 148, 149, 323, 337, 379, 384, 504, 427 of the Indian Penal Code. later on Section 302 of Indian Penal Code was added after the death of Shambhu Kamat the husband of the informant.

The informant named nine persons and others and

Patna High Court Cr.Misc. No.22327 of 2016 (4) dt.11-08-2016 2/3 alleged that they were assaulting Pintu Kumar when the informant and her husband went to save him; the accused persons surrounded the informant, her husband and other family member. It is alleged that Ranjeet Kamat and Udai Kamat pointed out pistol on the temple of the husband of the informant. Gunjan Kamat assaulted her husband with iron rod on his head and Ravi Kamat also assaulted the informant.

It is submitted that there is no injury report of Pintu Kumar.

Learned counsel for the informant as well as learned A.P.P. however, vehemently opposed the prayer for anticipatory bail of the petitioners, but admitted the fact that there is no allegation that the petitioners assaulted Shambhu Kamat (deceased).

It appears that informant did not make any allegation against the petitioners that they assaulted her husband, although, petitioners are named in the F.I.R.

Considering the facts aforesaid and the fact that the petitioners are not the assailant of the deceased and they are ladies, the petitioners above-named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are

Patna High Court Cr.Misc. No.22327 of 2016 (4) dt.11-08-2016 3/3 directed to 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 the Chief Judicial Magistrate, Supaul in connection with Supaul P.S. Case No. 202/16, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T