Kanaklata Devi @Most.Kanakklata Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30282 of 2015 Arising Out of PS.Case No. -25 Year- 2015 Thana -MAHILA P.S. District- BHAGALPUR ======================================================
1. Kanaklata Devi @ Most.Kanakklata Devi, Wife of Late Radhe Prasad Mahto
2. Ajay Kumar, Son of Late Radhe Prasasd Mahto Both are resident of mohalla- Murtuzachak, P.S. -Mojahidpur, DistrictBhagalpur .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dilip Kumar, Adv. For the Opposite Party/s : Mr. Shantanu Kumar, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 05-08-2015 Heard learned counsel for the petitioners as well as learned counsel for the informant and learned counsel for the State.
The petitioner is apprehending his arrest in connection with Bhagalpur Mahila Thana P.S. Case No. 25 of 2015 registered for the offences punishable under Sections 341, 323, 376, 354A, 504, 506, 313 and 420/34 of the Indian Penal Code and Section 3
(1) (x) (xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act.
Having perused the First Information Report and after considering the submissions advanced by learned counsel for the petitioner, it is evident that the informant had been having illicit
Patna High Court Cr.Misc. No.30282 of 2015 (2) dt.05-08-2015 2/2 relationship with the brother of petitioner. It is only Amarjeet Kumar, who is alleged to have developed illicit relation with the informant and does not concern this petitioner. Admittedly the occurrence has not taken place in public view or at a public place. Considering the aforementioned facts and circumstances and in view of the fact that there was illicit relationship between the informant and the brother of Petitioner No. 2 and the family members have nothing to do with the allegation, let the above named petitioners, in the event of their arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, 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 the learned Chief Judicial Magistrate, Bhagalpur in connection with Bhagalpur Mahila Thana P.S. Case No. 25 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Anjana Mishra, J.) Vats/- U T