Bina Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49979 of 2015 Arising Out of PS.Case No. -140 Year- 2015 Thana -NANHPUR District- SITAMARHI ======================================================

1. Bina Devi, w/o Jagdish Sah,

2. Ratnesh Sah, son of Late Lakhan Sah, Both Residents of Village - Bhaaur, P.S. - Nanpur, District - Sitamarhi. .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Chandra Gandhi, Advocate For the Opposite Party/s : Mr. Sangita Sharma (App) For the Informant : Mr. Pushpendra Kumar Singh, Advocate ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 17-12-2015 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in a case under Sections 147, 148, 149, 341, 323, 325, 307 and 504 of the Indian Penal Code to which Section 302 of the Indian Penal Code has been added on death of Janak Dulari Devi, the mother of the informant.

The informant Upendra Yadav alleged that Ram Chandra Yadav, petitioner no.1 Bina Devi and petitioner no.2 Ratnesh Sah assaulted his mother, who has become grievously injured. He further stated that one Jagdish Sah assaulted him with the rod on his head.

It appears that the mother of the informant died

Patna High Court Cr.Misc. No.49979 of 2015 (2) dt.17-12-2015 2 / 2 shortly.

The petitioners submit that the police in course of investigation found that in fact the informant Upendra Sah is behind the death of his mother, as such an F.I.R. was instituted by the police against him. The petitioners further submit that there is a case and counter case.

In the circumstances, in the event of arrest or surrender before the court below within four weeks from today the above named petitioners be released on bail on furnishing bail bond of Rs.5000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi in connection with Nanpur P.S. Case no. 140 of 2015 subject to the conditions as laid down under Section 438 (2) Cr.P.C.

(Samarendra Pratap Singh, J.) Uday/- U T