Alka Kumari And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.23838 of 2017 (2) dt.14-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23838 of 2017 Arising Out of PS.Case No. -228 Year- 2016 Thana -MANIHARI District- MUZAFFARPUR ======================================================

1. Alka Kumari D/o Brahma Nand Singh

2. Ujala Devi @ Ujla Devi W/o Ravi Kumar

3. Malti Devi W/o Brahma Nand Singh All Resident of VillageJagdishpur, P.S.- Maniyari, District- Muzaffarpur. .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Pandey For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-07-2017 Heard both sides.

The petitioners apprehend their arrest in Maniyari P.S. Case No. 228 of 2016 registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code. The informant filed Complaint Petition no. 1454 of 2016 on 24.11.2016 alleging therein that Anshu Kumar son of Brahma Nand Singh plucked her papaya. The informant chided him on such the petitioners came, caught her hair and they all dragged her to their Darwaja. The petitioner no. 2 is alleged to have assaulted the complainant/informant on her head with Khanti.

Learned counsel for the petitioners submits that the

Patna High Court Cr.Misc. No.23838 of 2017 (2) dt.14-07-2017 occurrence took place on 18.10.2016 but the complaint petition was filed on 24.11.2016 on the basis of which the present FIR was registered on 16.12.2016. On 22.10.2016 the petitioner no. 2 filed Muzaffarpur (Sadar) P.S. Case No. 560 of 2016 against Raja Babu, brother-in-law of the complainant Sushila Devi who is also a witness in the present case.

Considering the facts aforesaid and the fact that the complaint was filed after one month six days of the occurrence and the petitioners 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 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 learned Judicial Magistrate, 1st Class, (West), Muzaffarpur in Maniyari P.S. Case No. 228 of 2016, Subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J.) KKSINHA/- U T