Nilu Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46005 of 2014 Arising Out of PS.Case No. -188 Year- 2014 Thana -BAJPATTI DistrictSITAMARHI ======================================================
1. Nilu Devi wife of Rakesh Singh
2. Rakesh Singh son of Lal Bihari Singh
3. Vikash Singh @ Vikash Kumar son of Rakesh Singh All resident of village - Bhasepur, P.S. Bajpatti, District - Sitamarhi .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pushpendra Kumar Singh, Adv. For the Opposite Party/s : Mr. Smt.Sangeeta Sharma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-06-2015 Heard both sides.
Case diary was called for but the same has not been received from the learned court below.
The petitioners apprehend their arrest in Bajpatti P.S. Case no. 188 of 2014, registered for the offences punishable under Sections 380, 452 and other Sections of the Indian Penal Code. The informant alleged that the petitioners entered into her house and looted away different articles from her house. It is submitted that the occurrence took place on 23.07.2014 but the FIR was lodged on 16.08.2014 i.e. after 24
Patna High Court Cr.Misc. No.46005 of 2014 (5) dt.22-06-2015 2/2 days of the occurrence. Petitioners are co-villagers of the informant Urmila Devi. Petitioner no. 1 (wife of petitioner no. 2) filed Bajpatti P.S. Case no. 138 of 2014 against Ram Kishore Thakur. Ram Kishore Thakur is the husband of the present informant. Mukesh Singh, brother of petitioner no. 2 sold a piece of land in favour of husband of the informant Ram Kishore Thakur beyond his share and for that Partition Suit no. 37 of 2013 was filed in which Ram Kishore Thakur (husband of the informant) is one of the defendants.
Considering the facts aforesaid that the present case was filed after 24 days of the occurrence, 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 anticipatory 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, Pupri at Sitamarhi in connection with Bajpatti P.S. Case No. 188 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) Rakhi/- U T