Tetari Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29615 of 2015 Arising Out of PS.Case No. -42 Year- 2015 Thana -KAMTAUL District- DARBHANGA ======================================================
1. Tetari Devi, wife of Gobardhan Ray
2. Lalita Devi, daughter of Gobardhan Ray
3. Sabri Devi, daughter of Gobardhan Ray All residents of Village- Ahiyari Got. Police Station Kamtaul, District- Darbhanga. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prabhat Kumar Singh For the Opposite Party/s : Mr. Manoj Kumar-I(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 06-10-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners apprehend their arrest in connection with a case registered for the offences punishable under Sections 452/341/ 323/307/302/504/34 of the Indian Penal Code.
Learned counsel for the petitioners submits that the entire occurrence took place on account of some dispute with regard to throwing of 'Khapra' which led to an altercation between family members of the petitioners as well as the informant. It is submitted that the daughter of the informant came to intervene and on account of a slap being inflicted by one Gobardhan Ray she succumbed to injuries.
Considering the fact that there was no pre-meditation and that
Patna High Court Cr.Misc. No.29615 of 2015 (3) dt.06-10-2015 P2/2 the occurrence took place on the spur of the moment and that these petitioners have no role to play, let the petitioners above named, in the event of their arrest / surrender within a period of three weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the each amount to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection with Kamtaul P.S. Case No. 42 of 2015 subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Anjana Mishra, J) Saif/- U T