Savita Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15422 of 2016 Arising Out of PS.Case No. -517 Year- 2015 Thana -SAUR BAZAR District- SAHARSA ======================================================
1. Savita Devi W/o Santosh Yadav,
2. Khamsher Devi, W/o Late Cheddi Yadav, Both R/o Village - Tilhathi, P.S. - Sour Bazar, District - Saharsa.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shiva Shankar Sharma For the Opposite Party/s : Mr. Sanjay Kr. Sharma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-04-2016 Heard both sides.
The petitioners apprehend their arrest in a case under Section 302/34 of the Indian Penal Code and under section 27 of the Arms Act.
The petitioners are alleged to have assaulted the shebuffalo of the informant with brooms and when son of the informant came the petitioners and other accused persons are alleged to have dragged him and thereafter co-accused Santosh Yadav and Ramanand Yadav fired at his son causing his death. It is submitted that petitioners are ladies and allegation of dragging is against the petitioners as well other accused persons including Dinesh Yadav and Kailash Yadav but
Patna High Court Cr.Misc. No.15422 of 2016 (2) dt.26-04-2016 2/2 they have already been enlarged on anticipatory bail vide order passed in Cr. Misc. No. 7718 of 2016 and Cr. Misc. No. 6759 of 2016 and the case of petitioners stands on same footing as allegation of firing is against co-accused Santosh Yadav and Ramanand Yadav and the doctor found the cause of death due to gun shot injury and no injury of dragging was found. Considering the fact that petitioners are ladies and similarly situated accused, Kailash Yadav and Dinesh Yadav have already been enlarged on anticipatory bail, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs.
10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa in Sour Bazar (Patarghat O.P.) P.S. Case No. 517 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) BKS/- U T