Ram Kali Devi @ Ram Khali Devi And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.34968 of 2016 (2) dt.07-09-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34968 of 2016 Arising Out of PS.Case No. -124 Year- 2016 Thana -BARH District- PATNA ======================================================
1. Ram Kali Devi @ Ram Khali Devi, Wife of Indra Deo Yadav,
2. Saraswati Devi @ Sato Devi, Wife of Singhesawar Yadav,
3. Sarita Kumar, Daughter of Singheswar Yadav,
4. Bibha Kumari, Daughter of Singhesawar Yadav,
5. Puja Kumari, D/o- Indra Deo Yadav All resident of Village- Baso Bagi, P.S. Barh, District- Patna .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Kashyap, Advocate. For the Opposite Party/s : Mr. Sri S.M. Rahman, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 07-09-2016 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Barh P.S. Case No. 124 of 2016 for the offences alleged under Sections 147, 148, 149, 353, 332, 224, 225, 504 and 323 of the Indian Penal Code.
The prosecution case is that when the informant who was posted as Sub-inspector of police, went to arrest co-accused Abhay Yadav in connection with Barh P.S. Case No. 122 of 2016 and caught him in his house, his wife, sons and daughter interfered and obstructed and also started brick batting on the police party as a result the accused Abhay Yadav escaped from the custody of the police.
Learned counsel for the petitioners submit that the
Patna High Court Cr.Misc. No.34968 of 2016 (2) dt.07-09-2016 petitioners are innocent and all are ladies of the house and Petitioners no. 3, 4 and 5 are unmarried girls. He submits that no case under Section 353 is made out against them as the allegations are general and omnibus. He also submits that no such occurrence took place and the petitioners have been falsely implicated and that they had clean criminal history as is evident from Para 3 of this application.
However, learned APP for the State submits that the petitioners obstructed the police officials in their duty as a result the accused managed to flee away, hence opposes the prayer for bail.
Be that as it may, let the petitioners, above named in the event of their arrest/ 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/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Barh, Patna in connection with Barh P.S. Case No. 124 of 2016 subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Nilu Agrawal, J) Prakash/- U T