Rekha Devi And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7461 of 2016 Arising Out of PS.Case No. -576 Year- 2015 Thana -KANTI District- MUZAFFARPUR ======================================================
1. Rekha Devi W/o Parmanand Rai
2. Permanand Rai S/o Babulal Rai Both are resident of Village- Dih Pakohi, P.S. Karja, District Muzaffarpur But as per Column 7 of the F.I.R.
Both are resident of Village Chainpur P.S. Kanti, District Muzaffapur .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Sanjay Kumar @ S.K., Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 12-04-2016 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 326, 307, 504 and 34 of the Indian Penal Code and later on Section 302 of the IPC was also added registered in connection with Kanti P.S. Case No. 576 of 2015.
3. It is submitted that the petitioners have been falsely implicated merely because petitioner no. 1 happens to be the sister of the husband of the deceased and petitioner no. 2 is the husband of petitioner no. 1. It is further submitted that the petitioners are living separately and have no concern with the day-to-day affairs of the immediate family members of the deceased. It has further been submitted that even according to the FIR, there is no whisper of
Patna High Court Cr.Misc. No.7461 of 2016 (3) dt.12-04-2016 2/2 any overt act on the part of petitioner no.2, whereas the accusation against petitioner no. 1 is improbable. The thrust of accusation is against Rakesh Mahto husband of the deceased.
4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners 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 Sub-Divisional Judicial Magistrate (West), Muzaffarpur in connection with Kanti P.S. Case No. 576 of 2015, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:- (i) Petitioner No. 1 will be well represented on each and every date and if she fails to do so on two consecutive dates, her bail bond will be liable to be cancelled by the Court concerned. (ii) Petitioner No. 2 shall remain physically present on each and every date during trial and in the event of failure on two consecutive dates, his bail bond shall be liable to be cancelled by the learned Court concerned.
(Vikash Jain, J) B.T/- U T