Rekha Devi And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22375 of 2015 Arising Out of PS.Case No. -376 Year- 2014 Thana -SAMASTIPUR MUFFASIL DistrictSAMASTIPUR ======================================================

1. Rekha Devi W/o Mohan Mahto

2. Nutan Devi W/o Lal Babu Mahto Both are resident of village - Kews Jagir, P.S. Samastipur Muffasil, District - Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijay Bhushan Prasad For the Opposite Party/s : Mr. Dr.M.K.Gautam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-07-2015 Heard learned counsels for the petitioners and the State.

Petitioners being sisters-in-law of the informant are apprehending their arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

It is alleged against the petitioners that they assaulted the informant and her sister Anita Devi, whereas it is alleged against co-accused Ramesh Kumar Mahto that he threw the infant child of the sister of the informant on the ground who subsequently succumbed to the injuries. It is submitted by learned counsel for the petitioners that accusation has been levelled in the background of the fact that co-accused Ramesh Kumar Mahto was married with the sister of the informant Anita Devi but he filed a

Patna High Court Cr.Misc. No.22375 of 2015 (2) dt.09-07-2015 2/2 matrimonial suit for divorce since Anita Devi was carrying pregnancy on the date of marriage. Moreover the accusation of throwing the infant child is not against the petitioners and main accused Ramesh Kumar Mahto and Kameshwar Mahto have been acquitted vide judgment and order dated 29th of May, 2015 passed by learned Additional District & Sessions Judge-III, Samastipur where it was found that the infant child died due to illness and not due to assault.

Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Samastipur in connection with Samastipur Muffasil P.S. Case No. 376 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T