Neha Devi And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.36169 of 2016 (2) dt.05-09-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36169 of 2016 Arising Out of PS.Case No. -25 Year- 2015 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Neha Devi , wife of Pawan Kumar Thakur,
2. Rekha Devi, wife of Kundan Kumar Thakur
3. Gayatri Devi @ Chinta Devi, wife of Ram Kishore Thakur
4. Vicky Kumar, son of Ram Kishore Thakur, All resident of village Chandrahiya, P.S. Motihari Mufassil, District East Champaran.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance:
For the Petitioners : Mr. Surendra Kishore Thakur, Adv For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 05-09-2016 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149, 341, 323, 324, 307, 504, 506, 447 and subsequently added Section 302 of the Indian Penal Code registered in connection with Motihari Muffasil P.S. Case No. 25 of 2015.
3. It is submitted that the petitioners, three of whom are ladies, have been falsely implicated and in any event there is no accusation of any assault attributed to them whatsoever. It is submitted that the thrust of accusation is on the co-accused Pawan Kumar Thakur who had carried the gun and Kundan Thakur who assaulted the informant on the head with 'farsa'.
4. Having regard to the entirety of the facts and circumstances, in the event of the petitioners arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be
Patna High Court Cr.Misc. No.36169 of 2016 (2) dt.05-09-2016 released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari, in connection with Motihari Muffasil P.S. Case No. 25 of 2015, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions: (i) That one of the bailors of each of the petitioners shall be their close relative other than the petitioners herein. (ii) That the petitioners shall cooperate with the investigation and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(iii) That the petitioners will be well represented on each and every date and if they fail to do so on two consecutive dates without sufficient reason, their bail bonds will be liable to be cancelled by the Court concerned. (Vikash Jain, J) Chandran/BT U T