Prem Kala Devi v. The State Of Bihar
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IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54257 of 2019 Arising Out of PS. Case No.-1 Year-2019 Thana- RAJNAGAR District- Madhubani ====================================================== 1.
PREM KALA DEVI Wife of Pulkit Raut Resident of Village- Mangrauni, P.S.- Raj Nagar, District- Madhubani.
2.
Krit Narayan Prasad Son of Pulkit Raut Resident of Village- Mangrauni, P.S.- Raj Nagar, District- Madhubani.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Mina Devi Wife of Late Vinod Raut Resident of Village- Mangrauni, P.S.- Raj Nagar, District- Madhubani.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prabhakar Thakur, Adv.
Mr. Binod Kumar For the Opposite Party/s :
Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 18-12-2019 Heard learned counsel for the petitioners as well as learned Addl. P.P.
Petitioners have approached this Court after being denied privilege of anticipatory bail as provided under Section 438 Cr.P.C. by the learned Sessions Judge relating to Rajnagar P.S. Case No. 1/2019.
Informant is step daughter-in-law of Petitioner No. 1. She has filed a written report before the Officer-incharge disclosing therein that after death of her husband, she has been ousted by her father-in-law, step mother-in-law. However, she any how is taking care of her minor children. Even then, her
Patna High Court CR. MISC. No.54257 of 2019(4) dt.18-12-2019 2/3 father-in-law, step mother-in-law, step brother-in-law did not spare her as, they want to coerce her to leave the place so that, the share which she has should be possessed by her step brotherin-law. In the aforesaid background, on 30.12.2018 while she was cooking at her house, her father-in-law, step mother-in-law and step brother-in-law came armed with lathi and rod, abused and on an order of Pulkit Raut, Krit Narayan assaulted her and then dragged her by saying that she happens to be a witch. Then thereafter, Krit Narayan torn her blouse and snatched away golden chain. Then, her father-in-law took out one Laddoo and thrusted the same inside her mouth. Her mother-in-law tried to put excreta in her mouth and during course thereof, Krit Narayan assaulted her with iron rod.
Pulkit assaulted with lathi. Her mother-in-law also attempted to throttle. Para 43 of case diary is the statement of son of informant wherein he has detailed the misery which they are facing at the end of petitioner and others. Furthermore, from para 26 of case diary, it is evident that I.O. has given liberty to the petitioners and others as provided under Section 41(1) of the Cr.P.C.
In the aforesaid facts and circumstances of the case, prayer for anticipatory bail is rejected.
The interim relief granted vide order dated 29.08.2019
Patna High Court CR. MISC. No.54257 of 2019(4) dt.18-12-2019 3/3 will cease to survive.
(Aditya Kumar Trivedi, J) rakhi/- U T