Rekha Devi And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.17598 of 2018 (2) dt.06-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17598 of 2018 Arising Out of PS.Case No. -153 Year- 2016 Thana -PATNA CITY CHOWK District- PATNA ======================================================

1. Rekha Devi, W/o Bijendra Prasad @ Birendra Prasad,

2. Sadhulal @ Sadhu Kumar S/o Late Ramchandra Prasad,

3. Kundan Kumar S/o Bijendra Prasad @ Birendra Prasad, All are R/o Mohalla- Jangli Prasad Lane, P.S.- Chowk, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bijay Kumar Pandey For the Opposite Party/s : Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-04-2018 Heard both sides.

The petitioners apprehend their arrest in Chowk P.S. Case No.153 of 2016 registered under Sections 380, 452, 354, 376, 511, 420 and 120B of the Indian Penal Code. The informant lodged Complaint Case No.670 of 2016 on the basis of which the present F.I.R. was lodged. The informant made allegation that accused No.1, Ravi Kumar entered into her house and asked why she lodged the case against Sadhu Kumar, Kundan Kumar and Rekha Devi. She further made allegation against the petitioner, Sadhu Kumar that he pointed pistol but no assault was made. Kundan Kumar asked the informant to put signature or thumb impression on a plain paper.

Patna High Court Cr.Misc. No.17598 of 2018 (2) dt.06-04-2018 The learned counsel for the petitioners submits that prior to institution of the present complaint case on 01.08.2016, the petitioner, Rekha Devi lodged Chowk P.S. Case No.150 of 2016 against the informant and others and the present case is in retaliation of the aforesaid case.

Considering the facts aforesaid and the nature of allegation made against the petitioners and the fact that prior to institution of the present case, petitioner, Rekha Devi lodged the case against the informant and others, the petitioners, above named, in the event of their arrest or surrender before the learned 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 bail on furnishing bail bond of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Shushant Ranjan, learned Judicial Magistrate 1st Class, Patna City in connection with Chowk P.S. Case No.153 of 2016, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T