Mosmat Raja Devi And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.46408 of 2018 (2) dt.10-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46408 of 2018 Arising Out of PS.Case No. -381 Year- 2010 Thana -MUFFASIL District- WEST CHAMPARAN (BETTIAH) ======================================================

1. Mosmat Raja Devi, Wife of Late Hakim Yadav,

2. Prabhawati Devi, Wife of Ramkaran Yadav @ Kumkaran Yadav,

3. Neha Kumari, daughter of Late Hakim Yadav, All resident of VillageMirjapur, Police Station- Bettiah Muffasil, District- West Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brij Kishor Mishra, Advcoate For the Opposite Party/s : Mr. Khurshid Anwar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-08-2018 Heard learned counsel for the petitioners.

Petitioners apprehend their arrest in connection with Bettiah Muffasil P.S. Case No. 381 of 2010, Trial No. 1904 of 2012 registered for the offences punishable under Sections 341, 323, 324, 307, 379, 447 and 504/34 of the Indian Penal Code. Allegation against the petitioners is of assault to the informant and others.

Submission of learned counsel for the petitioners is that earlier case has been lodged under section 307 and other Sections of the Indian Penal Code but after investigation, charge sheet has been submitted under section 324 and other Sections of the Indian Penal Code and differing with the charge sheet, cognizance has been taken under section 307 of I.P.C. also.

Patna High Court Cr.Misc. No.46408 of 2018 (2) dt.10-08-2018 Heard learned A.P.P. also.

Having heard both sides and in the facts and circumstances, let the petitioners, named above, in the event of their arrest or surrender, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Shri Ashutosh Rai, Judicial Magistrate 1st Class, Bettiah, West Champaran in connection with Bettiah Muffasil P.S. Case No. 381 of 2010, Trial No. 1904 of 2012, subject to the conditions as laid down under Section 438(2) Cr.P.C. and further condition is that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned. (Vinod Kumar Sinha, J) N.H./-Sanjeev U T