Sunita Devi @ Sumita Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9361 of 2018 Arising Out of PS.Case No. -186 Year- 2017 Thana -KARJA District- MUZAFFARPUR ======================================================
1. Sunita Devi @ Sumita Devi, Wife of Prabhu Sah,
2. Prabhu Sah, Son of Budhan Sah
3. Rajeev Kumar Son of Prabhu Sah
4. Meena Devi, Wife of Shambhu Sah
5. Shambhu Sah, Son of Budhan Sah All Residents of Village-Barkagaon, P.S. Karja, District-Muzaffarpur. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Kumar Singh, Advocate For the Opposite Party/s : Smt. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 17-02-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners seek pre-arrest bail in connection with Karja P. S. Case No. 186 of 2017 registered under Sections 341, 342, 323, 325, 307, 354, 379 and 504 of the Indian Penal Code.
Regard being had to inordinate delay of two days in institution of the complaint, which was referred to the police in exercise of power conferred under Section 156(3) of the Cr.P.C. for investigation in complete breach of the ratio laid
Patna High Court Cr.Misc. No.9361 of 2018 (2) dt.17-02-2018 2/2 down by the Supreme Court in Priyanka Srivastava and Anr. vs. State of Uttar Pradesh [(2015) 6 SCC 287], in the event of arrest or surrender before the court below within six weeks from today, the petitioners named above are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 3rd, (West), Muzaffarpur in Karja P. S. Case No. 186 of 2017, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Ashwani Kumar Singh, J.) Kanchan/- U T