Rasho Devi And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5217 of 2016 Arising Out of PS.Case No. -204 Year- 2015 Thana -KHODAWANPUR District- BEGUSARAI ======================================================
1. Rasho Devi Wife of Budhu Yadav
2. Buddu Yadav Son of Late Kiro Yadav
3. Ramautar Yadav Son of Late Kiro Yadav
4. Manju Devi @ Manju Kumari Daughter of Budhu Yadav All are residents of Village - Aijanee, Police Station - Chhaurahi (O.P.) under Khodawantpur, District - Begusarai.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Jay Prakash Sharma For the Opposite Party/s : Mr. M.Haque(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 26-02-2016 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Chhaurahi (O.P.) under Khodawandpur P.S. Case No. 204 of 2015 registered for offences punishable under Sections 147, 149, 341, 148, 323, 325, 307, 447, 379, 427 and 506 of the Indian Penal Code.
According to the prosecution case, the informant stated that the petitioners along with other co-accused entered into his house armed with iron rod, farsa, sear and asked to withdraw the case, which was lodged against the petitioners. It has been alleged that accused, Umesh Yadav hit on the informant by iron rod and all the accused including the petitioners hit the family members of the informant with iron rod and danda.
It has been submitted by the learned counsel for the
Patna High Court Cr.Misc. No.5217 of 2016 (2) dt.26-02-2016 2/2 petitioners that these allegations against petitioners are general and omnibus and no overt act is attributed against them. It is further contended that no case under Sections 379 or 307 of the Indian Penal Code is made out against them and they have no criminal history, as stated in para-3 of this application. Learned counsel for the petitioners further submits that a complaint case has been filed against the informant and his side, which has been referred in the F.I.R. itself. However, learned A.P.P. for the State opposes the prayer for bail and submits that petitioners are named in the F.I.R.
Be that as it may, let the above named petitioners in the event of their arrest or surrender before the 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 like amount each to the satisfaction of learned S.D.J.M., Manjhaul in connection with Chhaurahi (O.P.) under Khodawanpur P.S.Case No. 204 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr. P. C.