Sundarpati Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7734 of 2017 Arising Out of PS.Case No. -91 Year- 2006 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Sundarpati Devi Wif of Late Jangali Sah,
2. Meghi Kumari, daughter of Late Jangali Sah, Both residents of village- Pipra, P.S. Jitna, District- East Champaran,
3. Malti Devi, wife of Prabhunath Sah, resident of village- Nimuea, P.S. Ghorasahan, East Champaran,
4. Asha Devi, wife of Fanjeet Sah, resident of village- Purshottampur, Chhauradano, District- East Champaran.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Umesh Chandra Verma, Advocate For the Opposite Party : Mr. Satyendra Narayan Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-03-2017 Heard learned counsel for the petitioners and learned counsel representing the State.
The petitioners apprehend their arrest in connection with Ghorasahan (Jitna) P.S. Case No. 91 of 2006, registered for the offences punishable under Sections 341, 342, 323, 324, 326, 307, 498-A, 120(B)/34 of the Indian Penal Code, later on added Section 304(B) of the Indian Penal Code.
At the very outset, on behalf of the petitioners it is submitted that the petitioners are ladies and they have falsely been implicated in this case. In this case the husband has faced the trial vide Sessions Trial No. 82 of 2009/91 of 2009 and he has been acquitted by judgment dated 20.09.2010 and, as such, the
Patna High Court Cr.Misc. No.7734 of 2017 (2) dt.01-03-2017 2/2 petitioners deserve sympathetic consideration, as against them investigation was going on.
The learned A.P.P. submits that the petitioners remained absconding since 2006 and the husband has faced the trial and he has been acquitted.
In the facts and circumstances as stated above, considering that the husband has already been acquitted and, as such, the petitioners in the event of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran, in connection with Ghorasahan (Jitna) P.S. Case No. 91 of 2006, subject to the conditions as laid down in section 438(2) of the Cr.P.C. (Jitendra Mohan Sharma, J.) Rajiv/- U T