Raj Muni Devi And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30488 of 2014 Arising Out of PS.Case No. -100 Year- 2014 Thana -NOONSARAI District- NALANDA (BIHARSHARIFF) ======================================================
1. Raj Muni Devi Wife of Bhutali Paswan
2. Murli Devi @ Sima Devi Wife of Santosh Paswan Both resident of Village- Pathraura, P.S. Noor Sarai, District- Nalanda.
3. Gugli Devi @ Savitri Devi Daughter of Murli Paswan, Wife of Vivesh Paswan Resident of Village- Pathraura, P.S. Noor Sarai, District- Nalanda, At present resident of Village- Sosandi, P.S. Rahui, District- Nalanda. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Sinha For the Opposite Party/s : Mr. Satyendra Nr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-01-2015 Heard the parties.
In this application for anticipatory bail the petitioners apprehend their arrest in a case punishable for the offence under sections 341, 323, 308, 379 and 504/34 of the I.P.C. and section 4 of the Prohibition of Dian (Witch) Act.
Allegedly the petitioners and other F.I.R. named accused persons entered into the house of the informant and told the mother of the informant Dian (Witch) and on protest the mother of the informant was brutally assaulted and when the sister came for rescue co-accused Murli Paswan and Permanand Paswan assaulted her and injured her and further Santosh Paswan took away gold chain from the neck of mother of the informant and
Patna High Court Cr.Misc. No.30488 of 2014 (2) dt.21-01-2015 2/2 Permanand Paswan took away Mangal Sutra from the neck of Runti Devi.
Submission is of false implication and that there is case and counter case. The petitioners are ladies. Co-accused Permanand Paswan has been granted anticipatory bail by the court below itself and as such the petitioners deserve sympathetic consideration.
The learned A.P.P. duly assisted by the learned counsel for the informant opposes prayer for pre-arrest bail by submitting that one of the injury on the person of mother has been found grievous in nature and by saying Dian the mother of the informant has been humiliated.
Be that as it may, considering the gender of the petitioners, they in case of their arrest or surrender within two months 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 C.J.M. Nalanda at Bihar Sharif in Noor Sarai P.S. Case No. 100 of 2014, subject to the conditions as laid down in section 438 (2) Cr.P.C.
(Jitendra Mohan Sharma, J) Abhay/- U T