Radhika Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17156 of 2015 Arising Out of PS.Case No. -206 Year- 2014 Thana -CHAINPUR District- BHABHUA (KAIMUR) ======================================================

1. Angad Noniya son of Nachak Noniya

2. Sugriv Noniya son of Nachak Noniya

3. Ramesh Noniya son of Devnath Noniya

4. Munna Noniya son of Sri Noniya All residents of village Merdh, P.S. Chainpur District Kaimur at Bhabua. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.16989 of 2015 Arising Out of PS.Case No. -206 Year- 2014 Thana -CHAINPUR District- BHABHUA (KAIMUR) ======================================================

1. Radhika Devi wife of Ramayan Chouhan, resident of village- Merdh, P.S.- Chainpur, District Kaimur at Bhabua .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.17156 of 2015) For the Petitioner/s : Mr. Sada Nand Ray For the Opposite Party/s : Mr. Braj Kishore Pd.(App) (In Cr.Misc. No.16989 of 2015) For the Petitioner/s : Mr. Sada Nand Ray For the Opposite Party/s : Mr. Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 24-06-2015 Both the above stated petitions have arisen out of Chainpur P.S. Case No. 206 of 2014 registered for the offence punishable under Section 302/34 of the Indian Penal Code and accordingly, both the above stated petitions are being disposed of

by this common order.

Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Although, petitioners are named in the first information report but the only allegation against petitioners in Cr. Misc. No. 17156 of 2015 is that they took the deceased from his house. Admittedly, the dead body of the deceased was found in the house of petitioner in Cr. Misc. No. 16989 of 2015. The petitioner in Cr. Misc. No. 16989 of 2015 was arrested by the police and on interrogation she disclosed that in midnight the deceased had entered in her room and thereafter she gave one tangi blow to him as a result thereof, deceased died.

The contention on behalf of the petitioners is that the deceased had entered in the house of the petitioner in Cr. Misc. No. 16989 of 2015 with an intent to commit rape and when he made attempt, the above stated petitioner in her defence assaulted the deceased by means of tangi as a result thereof, deceased died then and there.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners, above named, 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 Chief Judicial Magistrate, Kaimur at Bhabua in connection with Chainpur P.S. Case No. 206 of 2014. (Hemant Kumar Srivastava, J) SHAHZAD/- U T