Raj Laxmi Devi And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33018 of 2016 Arising Out of PS.Case No. -342 Year- 2016 Thana -BHABHU(KAIMUR) COMPLAIN C DistrictBHABHUA (KAIMUR) ======================================================

1. Raj Laxmi Devi, Daughter of Late Kedar Singh @ Pahalwan Singh, Wife of Sri Ranjan Kumar Singh, Resident of Village- Karmhari, P.SMohania, District- Kaimur (Bhabhua).

2. Shail Kunwar Wife of Late Kedar Singh @ Pahalwan Singh, Resident of Village -Karamhari, P.S.- Mohania, District- Kaimur (Bhabhua).

3. Jagdish Singh, Son of Late Haridwar Singh.

4. Sanjay Singh @ Sanjay Kumar Singh Son of Sri Jagdish Singh.

5. Raju Singh, Son of Sri Jagdish Singh. All Petitioners No. 3, 4, and 5 are resident of Village- Phuli, P.S.- Kudra District- Kaimur (Bhabhua). .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ranjan Kumar Singh, Son of Sri Vijay Shankar Singh, Resident of Village Barughat, P.S- Kudra, District- Kaimur (Bhabhua). .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nawal Kishor Singh For the State : Mr. Braj Kishore Prasad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-08-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

Petitioners apprehend their arrest in connection with Kaimur (Bhabhua) Complaint Case No. 342 of 2016 registered for the offence punishable under Sections 323, 389, 380, 395 and 504/34 of the Indian Penal Code and Section 27 of the Arms Act.

Prosecution story, as stated in the complaint case, is that on 18.04.2016 at 2:00 A.M., petitioner no.1, who is wife of

Patna High Court Cr.Misc. No.33018 of 2016 (2) dt.19-08-2016 2/3 the complainant along with complainant's mother-in-law, petitioner no.2, maternal uncle and two maternal brothers of petitioner no.1 along with seven others had entered into his house, threatened the complainant at gun point and took away ornaments worth Rs. Four lakhs.

It has been submitted by the learned counsel for the petitioners that the complaint case is entirely false and concocted one, as petitioner no.1, who is wife of the complainant, had earlier lodged Bhabhua Mahila P.S. Case No. 14 of 2016 on 08.04.2016 under Sections 498A and 494/34 of the Indian Penal Code against her husband, the present complainant and Domestic Violence Case No. 326 of 2016 before the learned Chief Judicial Magistrate, Kaimur at Bhabhua and the present complaint case is counter blast by the complainant in order to save his skin. He further submits that petitioner no.2 is mother-in-law aged about 70 years and petitioner no.3 aged about 75 years is maternal uncle-inlaw of the complainant and that petitioners have no criminal antecedent, as is evident from paragraph 3 of this application. However, learned A.P.P. for the State submits that petitioners are named in the complaint case, hence, opposes the prayer for bail.

Be that as it may, let the petitioners, named above, in

Patna High Court Cr.Misc. No.33018 of 2016 (2) dt.19-08-2016 3/3 the event of their arrest or surrender before the learned Court below within a period of eight weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhabhua (Kaimur) in connection with Kaimur (Bhabhua) Complaint Case No. 342 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Nilu Agrawal, J.) Arjun/- U T