Ram Sita Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51231 of 2016 Arising Out of PS.Case No. -482 Year- 2015 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ======================================================
1. Ram Sita Devi, Wife of Bal Krishna Das.
2. Guria Devi, Wife of Kanhaiya Das. Both are Resident of Village-Masti Fatehpur, P.S.-Muffasil, District-Begusarai.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. N.K. Agrawal, Sr. Advocate and Mr. Vijay Anand, Advocate.
For the State : Mr. Anand Kishore Choudhary, A.P.P. For the Informant : M/S. Manoj Kumar Singh and Brajesh Kumar Pandey, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-12-2016 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are apprehending their arrest in connection with Muffasil (Lakho) P.S. Case No. 482 of 2015 for the offences instituted under Sections 364/34 of the IPC. Later on, Section 302 IPC was also added.
The prosecution story, in brief, is that the informant's mother, namely, Abhilasha Devi @ Asha Devi was the second wife of his father Balkrishna Das. Petitioner no. 1 is the first wife and petitioner no. 2 is the daughter-in-law of Balkrishna Das. From the first wife, there are three daughters and one son and from
Patna High Court Cr.Misc. No.51231 of 2016 (3) dt.22-12-2016 2/3 the second wife, there are two daughters and one son. There is dispute in between the family with regard to property. A panchayati was held but the same was failed at the instance of family of the first wife. On 21.11.2015, the informant, her mother and brother came from Dhanbad to Begusarai as called by the informant's father. In the same night, her father and step brother brought her mother in Masti Fatehpur. Lastly, her father came back and gave a broken Mobile of her mother and informed the informant that her mother is traceless. Hence, the F.I.R. has been registered against the father and family members of first wife on the basis of suspicion It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent.
There is no allegation of tampering with the witnesses alleged against the petitioners. They have falsely been implicated in the present case. The petitioners are ladies. They have been named in the FIR on the basis of suspicion. There is no substantive evidence to suggest their implication in the present case nor there is any circumstantial evidence to suggest their participation in the alleged occurrence. On behalf of the learned counsels for the State and the informant, it has been submitted that the petitioners are named in the F.I.R.
Patna High Court Cr.Misc. No.51231 of 2016 (3) dt.22-12-2016 3/3 Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Muffasil (Lakho) P.S. Case No. 482/2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Begusarai, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T