Rajphulla Devi @ Phul Badan Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28865 of 2017 Arising Out of PS.Case No. -15 Year- 2017 Thana -KARAHGAR District- SASARAM (ROHTAS) ======================================================
1. Rajphulla Devi @ Phul Badan Devi, W/o Anirudh Pathak,
2. Anirudh Pathak @ Anrudh Pathak, Son of Late Suryabansh Pathak,
3. Raj Kumari , D/o Anirudh Pathak.
All Resident of Village- Bharasara, P.S.- Karagahar (Barahari), District- Rohtas.
4. Bandana Devi @ Bandana Kumari, W/o Rakesh Kumar Pandey D/o Anirudh Pathak, Resident of Village- Niyazipur, P.S.- Dinara, DistrictRohtas.
5. Pinki Devi, W/o Late Papu Pandey, D/o Anirudh Pathak, Resident of Village- Deluha, P.S.- Dinara, District- Rohtas. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Vikram Deo Singh, Advocate For the Opposite Party/s : Mr. Raj Kishore Singh, A.P.P> ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 06-07-2017 Learned counsel for the petitioners submits that the petitioner no.2, namely, Anirudh Pathak @ Anrudh Pathak has already been taken into custody and, as such, this application has become infructuous so far as the petitioner no.2 is concerned. Accordingly, this application is dismissed as infructuous so far as petitioner no.2 is concerned.
Heard learned counsel for the petitioner nos. 1, 3 to 5 and the State.
The petitioner nos. 1, 3 to 5 apprehend their arrest in a case registered for the offences punishable under Sections 498A,
Patna High Court Cr.Misc. No.28865 of 2017 (2) dt.06-07-2017 2/2 341, 323, 504, 504/34 of the Indian Penal Code. It is contended that the allegations are general and omnibus in nature. The petitioner no.1 is the mother-in-law, the petitioner no. 3 is unmarried Nanad and the petitioner nos. 4 and 5 are married Nanad. It is contended that all the petitioners are ladies and in the husband's case, notice has already been issued upon the informant by a co-ordinate Bench of this Court in Cr. Misc. No.24810/2017 and a direction has been given that till further order, no coercive steps will be taken against him. Having regard to the facts and circumstances of the case, let the petitioner nos.
1, 3 to 5, above-named, be released on bail in the event of their arrest/surrender before the court below within a period of six weeks from today in connection with Kargahar P.S. Case No.15 of 2017, on furnishing bail bonds of Rs.10,000 (Ten Thousand Rupees) each with two sureties of the like amount each to the satisfaction of Sri S.K. Tiwari, Additional Chief Judicial Magistrate, Sasaram, Rohtas subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure.
(Dr. Ravi Ranjan, J) V.K. Pandey/- U T