Patna High CourtCR. MISC./47370/2017allowed

Lalo Devi And ANR v. The State Of Bihar

2017-10-18Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47370 of 2017 Arising Out of PS.Case No. -49 Year- 2017 Thana -WARISNAGAR District- SAMASTIPUR ======================================================

1. Lalo Devi W/o Sopindar Sah

2. Rinku Devi W/o Arjun Sah Both R/o village- Chhotki Kishanpur, P.S.- Warishnagar, district- Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajoday Satyjeet For the Opposite Party/s : Mr. Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-10-2017 Heard learned counsel for the petitioners and the State.

Petitioners are apprehending arrest in connection with Warisnagar P.S. Case No. 49 of 2017 for an offence under sections 448, 341, 323, 326, 354, 379, 506 an 504/34 of the Indian Penal Code.

Counsel for the petitioners submits that the allegation is only against petitioner no.1 who is physically challenged whereas there is no specific overt act against the petitioner no.2. There is statement in para-6 that the petitioner no.1 is old aged and handicapped lady and during the altercation between petitioner no.1 and the informant, the informant received

Patna High Court Cr.Misc. No.47370 of 2017 (2) dt.18-10-2017 2/2 injury when she fell on the burning stove.

Considering the fact that the petitioners are ladies and there is no specific overt act against petitioner no.2 and petitioner no.1 is physically challenged having 40 per cent disablement as per Annexue-2, let the petitioners, named above, be released on bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Warisnagar P.S. Case No. 49 of 2017 subject to the condition as laid down under section 438(2) of the Cr.P.C.

(Anil Kumar Upadhyay, J) Ravi/- U T