Malti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39441 of 2019 Arising Out of PS. Case No.-21 Year-2017 Thana- BHAGWANGANJ District- Patna ======================================================

1. Malti Devi, Aged about 45 years, Female, Wife of Krishna Singh, Resident of Village Hasanpura, P.S. Bhagwanganj, District Patna.

2. Dewanti Devi, Aged about 36 years, Female, Wife of Kamlesh Prasad, Resident of Village Hasanpura, P.S. Bhagwanganj, District Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar For the Opposite Party/s :

Mr.Amarendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-06-2019 Heard both sides.

Petitioners apprehend their arrest in Bhagwanganj P.S. Case No.21 of 2017, registered under Sections 147, 149 and 353 of the Indian Penal Code as well as under Section 45 of the Bihar Prohibition and Excise Act.

The informant alleged that the police went to arrest Sujay Kumar, son of Krishna Singh and arrested him from his house but Krishna Singh and others made protest and got Sujay Kumar freed from the custody of the police.

Learned counsel for the petitioners submits that the petitioners are ladies. Petitioner no.1 is mother of Sujay Kumar. It is submitted that from the memo of arrest of Gorakh Yadav, it appears that he was arrested on 05.04.2017 and thereafter FIR

Patna High Court CR. MISC. No.39441 of 2019(2) dt.27-06-2019 2/2 was sent to the police station. The occurrence took place on 03.04.2017.

It appears that the petitioners are ladies. Of course they are named in the FIR but no specific allegation is made against the petitioners. It is submitted that all other accused persons have already been granted bail by the court below. Considering the facts aforesaid, let petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of this order, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna in connection with Bhagwanganj P.S. Case No.21 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Prabhat Kumar Jha, J) S.KUMAR/- U T