Puja Devi And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.47364 of 2017 (2) dt.06-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47364 of 2017 Arising Out of PS.Case No. -44 Year- 2017 Thana -RAJPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Puja Devi, Wife of Suresh Prasad.

2. Vijay Prasad, Son of Brahmdeo Prasad, Both Resident of villageSalempur, P.S.- Rajepur, District- East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ganesh Prasad Singh For the Opposite Party/s : Mr. Sri Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-10-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Rajepur P.S. Case No. 44 of 2017 registered under Sections 341, 448, 323, 324, 307, 380 and 504/34 of the Indian Penal Code. The accusation is that petitioners along with Suresh Prasad and Baleshwar Prasad entered in the house of the informant and started to abuse her. On raising alarm, petitioner no. 2 and Baleshwar Prasad started to cause injury to her through lathi. At that time, Suresh Prasad caused injury at her head through knife whereas Baleshwar Prasad snatched gold chain from her neck. Learned counsel for the petitioners submits that

Patna High Court Cr.Misc. No.47364 of 2017 (2) dt.06-10-2017 petitioners and the informant are co-villagers and due to dirty village politic their names have been implicated in the present case. Moreover, four injuries were found on the person of the informant but only injury no. 1 was found grievous in nature, which is attributed against Suresh Prasad, and rest injuries were found simple in nature.

Having regard to the facts and circumstances of the case, let the above named petitioners 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, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, East Champaran at Motihari, in connection with Rajepur P.S. Case No. 44 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T