Dewanti Devi @ Dewani Devi And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27949 of 2015 Arising Out of PS.Case No. -852 Year- 2014 Thana -BIHTA District- PATNA ======================================================
1. Dewanti Devi @ Dewani Devi wife of Ashok Mistry
2. Ruby Devi wife of Kamlesh Kumar
3. Kanchan Devi wife of santosh Mistri
4. Kamlesh Mistri@Kamlesh Kumar S/o Ashok mistry All R/o Village Madhusadanpur P.s Bihta Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay For the Opposite Party/s : Mr. D.P.Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-09-2015 It has been submitted on behalf of petitioner nos.1 and 4 that their applications have already been withdrawn vide order dated 01.07.2015.
Heard learned counsel for the petitioner nos. 2 and 3, the informant and the State.
The petitioner nos.2 and 3 are apprehending their arrest in a case instituted under Sections 147, 148, 149, 448, 330, 504, 506 and 302 of the Indian Penal Code.
The prosecution story, in brief, is that on 9.11.2014 at about 7 P.M. in the evening Ashok Mistri and other accused persons armed with Lathi, Bhala, Garashi, Pistol, Iron rod entered into the house of the informant using abusive language with
Patna High Court Cr.Misc. No.27949 of 2015 (3) dt.29-09-2015 2/2 intention to the informant family members and forcibly took away Rs. 10,000/- from the box and also golden chain, Payal,Golden bangles from the wife of the informant. Thereafter Ashok Mistri gave iron rod blow to the father of Puja and ultimately he died. On behalf of petitioner nos. 2 and 3, it has been submitted that they have no criminal antecedent. It is further submitted that they are ladies. There is no specific allegation against the said ladies and they have been falsely implicated in the present case.
On behalf of the State and counsel for the informant, it has been submitted that petitioner nos. 2 and 3 are also named in the FIR.
Considering the aforesaid facts, let the above named petitioners, in the event of their arrest or surrender in the court below within a period of four weeks, be released 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 learned A.C.J.M., Danapur, Patna in connection with Bihta P.S.Case No.852 of 2014, subject to the conditions as laid down u/s 438(2) Cr.P.C.
(Sudhir Singh, J) singh/- U T