Rambha Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33831 of 2016 Arising Out of PS.Case No. -49 Year- 2016 Thana -SAUR BAZAR District- SAHARSA ======================================================
1. Rambha Devi wife of Subhash Yadav
2. Budhni Devi @ Meera Devi wife of Manoj Yadav. Both resident of village- Kanp, P.S.- Sour Bazar, District- Saharsa. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Mishra, Advocate For the Opposite Party/s : Mrs. Reena Sinha, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 24-08-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
Petitioners apprehend their arrest in connection with Sour Bazar P.S. Case No. 49 of 2016 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.
The prosecution case, in brief, is that on 14.02.2016 at about 3:30 P.M., the FIR named accused persons hurling abusive language entered into the courtyard of the informant and was telling that these persons have forcibly cultivated their land on which mother of the informant told that her husband has acquired the said land by way of the judgment passed in title suit. Thereafter, scuffle
Patna High Court Cr.Misc. No.33831 of 2016 (2) dt.24-08-2016 2/3 took place between them and the accused persons armed with lathi, danda and farsa, assaulted the informant and his family members, as a result of which mother of the informant sustained injuries and during treatment, she succumbed to the injures.
It has been submitted by the learned counsel for the petitioners that petitioners are innocent and have falsely been implicated in the aforesaid case. It has further been submitted that there was land dispute between the parties and the allegations are general and omnibus. It has further been submitted that the mother of the informant died, as she was an old lady and no injury caused on her is attributable to the petitioners.
However, learned A.P.P. for the State submits that petitioners are named in the First Information Report, hence, opposes the prayer for bail. Be that as it may, since the allegations are general and omnibus and the petitioner being ladies, let the petitioners, named above, in the event of their arrest or surrender before the learned Court below within a period of eight weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rs. ten thousand only) each with
Patna High Court Cr.Misc. No.33831 of 2016 (2) dt.24-08-2016 3/3 two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa in connection with Sour Bazar P.S. Case No. 49 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Nilu Agrawal, J.) Arjun/- U T