Saheliya Devi @ Saheliya Kumari And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42889 of 2018 ======================================================

1. Saheliya Devi @ Saheliya Kumari, wife of Ratan Kr. Yadav,

2. Manisha Kumari @ Devi, daughter of Ratan Kumar Yadav, Both are residents of Mohalla- Babutola, Idgah Road, Banka, Police Station- Banka, District- Banka.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Mukherjee, Advocate For the State : Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 19-07-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Banka P.S. Case No.297 of 2018 registered under Sections 341, 323, 307, 324, 379, 504 and 506 read with 34 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioners that the specific allegation of causing injury with Pharsa to the informant is against co-accused Jhunnu Yadav and the co-accused Ratan Kumar Yadav, Abhishek Yadav and Sachin Yadav are alleged to have assaulted the younger brother of the informant, namely, Dinesh Kumar Roy but the petitioners, who are ladies, are

Patna High Court Cr.Misc. No.42889 of 2018 (2) dt.19-07-2018 2/2 alleged to have entered into the house of the informant pelting stones and bricks. It is further submitted that the allegation of snatching golden chain against the petitioners is ornamental in nature and they were not involved in any way in the alleged occurrence and simply because they happen to be family members of the other accused their names have also been given in the FIR. Learned counsel for the State has opposed the prayer for grant of pre-arrest bail to the petitioners.

Considering the nature of allegation made in the FIR as also the fact that the petitioners have no criminal antecedent, in the event of arrest or surrender in the court below within six weeks from today, they are directed to be released on 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 Chief Judicial Magistrate, Banka in connection with Banka P.S. Case No.297 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Md.S./- U T