Rita Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55652 of 2016 Arising Out of PS.Case No. -164 Year- 2015 Thana -BIKRAM District- PATNA ======================================================

1. Rita Devi, wife of Brajesh Singh, resident of Village- Nisarpura, P.S.- Bikram, District- Patna.

2. Sima Devi, daughter of Brajesh Singh, married with Santosh Kumar, resident of Hanuman Nagar, Butee Mor, Ranchi (Husband in Job) P.S. Kotwali, District- Ranchi, (Jharkhand) at present resident of VillageNisarpura, P.S.- Bikram, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar Singh, Adv. For the Opposite Party/s : Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-02-2017 Heard both sides.

The petitioners apprehend their arrest in Bikram P.S. Case No.164 of 2015, registered for the offences punishable under Section 302 and other Sections of the Indian Penal Code. The prayer for anticipatory bail of the petitioners was earlier rejected vide order dated 26.10.2016 passed in Cr.Misc.No.18071 of 2016.

Learned counsel for the petitioners submits that most important facts were not considered at the time of rejection of anticipatory bail petition of the petitioners on earlier occasion. The petitioners are ladies. The petitioner no.2 is married daughter of

Patna High Court Cr.Misc. No.55652 of 2016 (2) dt.15-02-2017 petitioner no.1 and she is living in her sasural along with her child. Even at the time of occurrence she was in her sasural. The supervisory authority also found this fact true. The petitioners are ladies and they have no motive to assault the deceased. From perusal of the records and the order passed in Cr.Misc.No.18071 of 2016, it appears that besides the family members of the deceased there are two eye witness of the occurrence, namely Sanjay Sharma and Niraj Kumar, who categorically stated that the petitioners and their family members indiscriminately assaulted Lavkush Kumar on account of such assault the deceased died. Corresponding injuries were found all over the body which caused death.

Considering the facts aforesaid, I do not find any fresh material to consider the prayer of the petitioners for grant of anticipatory bail. The same is, accordingly, rejected. (Prabhat Kumar Jha, J) Arvind/- U T