Kamlawati Devi And ORS. v. The State Of Bihar
Patna High Court Cr.Misc. No.19569 of 2015 (3) dt.25-06-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19569 of 2015 Arising Out of PS.Case No. -2 Year- 2015 Thana -ISUAPUR District- SARAN ======================================================
1. Kamlawati Devi W/o Lallan rai
2. Rinki Devi W/o Deo Kumar Rai
3. Chinta Devi W/o Raj Kumar Rai All Resident of village- Lauwa, P.S. Ishuapur, District- Saran at Chapra .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dewendra Narayan Singh For the Opposite Party/s : Mr. L.K.Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-06-2015 Heard learned counsel for the petitioners and learned counsel representing the State.
Petitioners apprehend their arrest in connection with Ishuapur P.S. Case No. 02 of 2015 registered for the offences punishable under Sections 147, 148, 149, 332, 333, 353, 307, 427, 504 of the Indian Penal Code and Sections 3 /4 of Prevention of Damages to Public Property Act.
Allegedly, the Police party apprehended a pick-up van bearing no. BR 28B-7717 loaded with illegal sprit. Two persons were apprehended and one person succeeded in escaping, thereafter, raid was conducted at the house of Lallan Rai and in the meantime the inmates of the house began to abuse the members of police party and they also attacked with brick bats on them and
Patna High Court Cr.Misc. No.19569 of 2015 (3) dt.25-06-2015 damaged the vehicle of the Police and injured the police personnel. The petitioners were identified by the Dafadar. Submission is of false implication and that the petitioners are pardanasin ladies. The petitioner no. 1 is newly married lady having a child 1 1⁄2 years in her lap and petitioner no. 3 is also a newly married lady with a child in her lap and, as such, they deserve sympathetic consideration as the injuries were found to be simple in nature.
Learned APP opposes the prayer of pre-arrest bail. In the facts and circumstances stated above and considering the gender of the petitioners and there is no specific allegation against them, the petitioners above named, in case of their surrender or arrest within two months from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in connection with Ishuapur P.S. Case No. 02 of 2015 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) avin/- U T