Pramila Devi And ANR. v. The State Of Bihar
Patna High Court Cr.Misc. No.58325 of 2015 (2) dt.11-01-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58325 of 2015 Arising Out of PS.Case No. -208 Year- 2015 Thana -NAWADA MUFFASIL District- NAWADA ======================================================
1. Pramila Devi Wife of Fantoosh Singh
2. Simpy Devi @ Simpu Kumari Wife of late Sargun Singh Both residents of Village- Goni, P.S. Muffasil, District Nawada. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajeev Nayan For the Opposite Party/s : Mr. Kanhaiya Kishore (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 11-01-2016 Heard learned counsel for the petitioners, informant and learned counsel for the State.
The petitioner apprehends his arrest in connection with Muffassil (Nawada) P.S. Case No. 208 of 2015 registered for the offences punishable under Sections 341, 342, 323, 302, 379/34 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioners submits that an altercation took place between the parties leading to the murder of son of the informant. It is further submitted that the main allegation as drawn out in the FIR is that one Fantooos Singh fired up on the son of the informant, which led to his death. So far as other persons are concerned, they are said to be present at the place of occurrence and general and omnibus allegations has been levelled against them. It is further submitted that petitioner no. 1 is
Patna High Court Cr.Misc. No.58325 of 2015 (2) dt.11-01-2016 also said to be present at the place of occurrence and the only allegation against petitioner no. 1 is of snatching the chain of wife of the informant whereas no specific charge has been levelled against the petitioner no. 2.
Learned counsel for the informant opposes the prayer for bail of the petitioners and submits that all accused persons have already been declared absconders and in view of the contents of paragraph-14 of judgment of the Apex Court reported in 2014(2) SCC, Page 171 the petitioners may be extended the said benefit.
Considering the aforesaid submissions and also the fact that petitioners are ladies, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of two weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada in connection with Muffasil (Nawada) P.S. Case No. 208 of 2015 corresponding to G.R. No. 2730 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.. (Anjana Mishra, J) Jagdish/- U T