Asha Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21154 of 2018 Arising Out of PS. Case No.-393 Year-2017 Thana- KUDHNI District- Muzaffarpur ======================================================

1. Asha Devi, Wife of Sanjay Sahni,

2. Geeta Devi, Wife of Ramesh Sahni.

3. Poonam Devi, Wife of Satendra Sahni.

4. Nitu Devi, Wife of Sunil Sahni.

5. Sunayana Devi, Wife of Jai Karan Sahni,

6. Nagiya Devi, Wife of Balendra Sahni.

7. Marachhiya Devi, Wife of Rajendra Sahni.

8. Sudha Devi @ Sugiya Devi, Wife of Rajeshwar Sahni.

9. Fula Devi, Wife of Amrit Sahni.

10. Runa Devi, Wife of Manoj Sahni.

11.Pinky Devi, Wife of Chandan Sahni. All are residents of Village- Padmaul, P.S.- Kudhani, District- Muzaffarpur. ... ... Petitioners

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Nachiketa Jha, Advocatge For the Opposite Party :

Mr. Umeshnand Pandit (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-04-2018 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners apprehend their arrest in connection with Kudhani P.S. Case No. 393 of 2017, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 353, 307, 436, 323, 333, 427 of the Indian Penal Code. The petitioners are named in the F.I.R., allegation against petitioner no.1 is that she and Rita Devi sprinkled kerosene oil on police jeep and Sanjay Sahni and Umesh Sahni

Patna High Court Cr.Misc. No.21154 of 2018(2) dt.27-04-2018 2/3 burnt the police jeep further the accused person assaulted the police personnel also and tried to snatch their rifles. Submission is of false implication and that accept petitioner no.1 there is no specific allegation for committing overt act against the rest petitioners. In this case other coaccused Ramesh Sahni and 13 others have been allowed prearrest bail vide Cr. Misc. No. 11283 of 2018 by order dated 03.04.2018. and the petitioners are lady and, as such, the petitioners deserve sympathetic consideration. The learned A.P.P. submits that against the petitioner no.1 there is specific allegation. In the facts and circumstances as stated above, I am not inclined to grant privilege of pre-arrest bail to the petitioner no.1 (Asha Devi) and accordingly, her such prayer stands rejected.

So far the rest petitioners no. 2 (Geeta Devi), petitioner no.3 (Poonam Devi), petitioner no. 4 (Nitu Devi, petitioner no. 5 (Sunayana Devi), petitioner no. 6 Nagiya Devi) petitioner no. 7 (Marachhiya Devi), petitioner no. 8 (Sudha Devi @ Sugiya Devi) petitioner no. 9 (Fula Devi), petitioner no.10 (Runa Devi) and petitioner no. 11. (Pinky Devi) are concerned, they in the event of their arrest or surrender within four weeks

Patna High Court Cr.Misc. No.21154 of 2018(2) dt.27-04-2018 3/3 from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-3rd (West) Muzaffarpur, in connection with Kudhani P.S. Case No. 393 of 2017, subject to the conditions as laid down in section 438(2) of the Cr.P.C. (Jitendra Mohan Sharma, J.) Rajiv/- U T