Rajkumari Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43430 of 2017 Arising Out of PS. Case No.-374 Year-2017 Thana- TURKAULIYA District- East Champaran ======================================================
1. Rajkumari Devi wife of Munnilal Sah
2. Munnilal Sah son of Late Bhola Sah Both residents of Village - Siswa Paschim Amwa, P.S. - Banjariya, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Chandra Verma For the Opposite Party/s :
Mr. MD. ANZARUL HAQUE SAHARA ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 14-11-2017 Heard learned counsels for the petitioners and the State. Petitioners apprehend arrest in connection with Turkauliya (Banjariya) P.S. Case No. 374 of 2017 registered for the offence punishable under section 376 and other allied sections of the Indian Penal Code.
Learned counsel appearing for the petitioners submits that they have been implicated in this case due to admitted land dispute between the parties. The allegations levelled, from the face of it, appears to be improbable as no wife will help her husband in committing rape. During investigation also nothing has come to suggest complicity of these petitioners in the alleged offence. It is further submitted that subsequently the
Patna High Court Cr.Misc. No.43430 of 2017(45) dt.14-11-2017 2/2 dispute between the parties has been amicably settled. Petitioners have no criminal antecedent.
Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioners, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari, East Champaran in connection with Turkauliya (Banjariya) P.S. Case No. 374 of 2017 subject to the conditions laid down under section 438(2) Cr.P.C. (Arvind Srivastava, J) mcv/- U T