Umarawati Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31167 of 2016 Arising Out of PS.Case No. -251 Year- 2015 Thana -GOVINDGANJ DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Umarawati Devi wife of Surendra Mahto
2. Suman Devi wife of Sonu Mahto Both residents of Village - Sareya, P.S. - Govindganj, District - East Champaran.
.... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioners : M/s Abhishek Kumar and Umesh Chandra Verma, Advocates For the State : Mr. Sri Mukteshwar Dayal, APP ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 09-08-2016 Heard learned counsel for the petitioners and the State. Petitioners apprehend their arrest in a case registered for the offences punishable under sections 147, 148, 302 and 504 of the Indian Penal Code.
As per the allegation, about six persons including the petitioners assaulted the husband of the informant by lathi and danda due to which he became unconscious and, while he was in way to the hospital, he died. It is also stated in the First Information Report that when the police came to the place of occurrence all the accused persons escaped.
It is contended that the petitioners are ladies and there is general and omnibus allegation against about six persons
Patna High Court Cr.Misc. No.31167 of 2016 (2) dt.09-08-2016 including the petitioners. The Post-mortem report reveals that there is no external injury upon the deceased which defeats the allegation that 5-6 accused persons including the petitioners had assaulted the husband of the informant. It is further contended that since there was no external injury upon the deceased the opinion of the internal examination report has been reserved. Having regard to the facts and circumstances of the case and also in view of the fact that both the petitioners are ladies, let the abovenamed petitioners, namely, Umarawati Devi and Suman Devi, be released on bail in the event of arrest/surrender before the court below within a period of six weeks from today in Govindganj Police Station Case No. 251 of 2015 on furnishing bail bonds of Rs.
10,000/- ( Ten Thousand Rupees) each with two sureties of the like amount each to the satisfaction of the Ist Additional Chief Judicial Magistrate, East Champaran at Motihari, subject to the conditions laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. (Dr.