Hira Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10808 of 2017 Arising Out of PS.Case No. -144 Year- 2016 Thana -BRAHMPUR District- BUXAR ======================================================

1. Hira Devi Wife of Ram Jee @ Chhotan Yadav

2. Rupa Kumari Daughter of Ram Jee @ Chhotan Yadav All Resident of Village-Ramgarh Devra, P.S.-Brahampur District-Buxar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bachan Jee Ojha, Adv. For the Opposite Party/s : Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-04-2017 Heard both sides.

The petitioners apprehend their arrest in Brahmpur P.S. Case No. 144/2016, registered for the offences punishable under Section 302 and other sections of the Indian Penal Code. The informant alleged that while she was sitting with her husband Krishna Yadav at her darwaja her co-sharer Munna Yadav, Ramjee @ Chhotan Yadav, Hira Devi wife of Ramjee @ Chhotan Yadav, Ramawati Devi wife of Munna Yadav, Rupa Kumari daughter of Ramjee @ Chhotan Yadav came and began to abuse the informant and her husband. All the accused persons assaulted her husband. Ramawati handed over knife to Rupa Kumari petitioner no. 2 and Rupa Kumari handed over the same to her father Ramjee @ Chhotan Yadav who gave indiscriminating

Patna High Court Cr.Misc. No.10808 of 2017 (3) dt.13-04-2017 2/2 dagger blow to Krishna Yadav.

Learned counsel for the petitioners submits that the petitioners are mother and daughter. They are ladies. They have falsely been implicated in the case. No allegation of assault is made against the petitioners.

On perusal of F.I.R. it appears that petitioner no. 1 Hira Devi who is the wife of Ramjee @ Chhotan Yadav is alleged to have instigated her husband and petitioner no. 2 Rupa Kumari handed over knife to her father who inflicted the dagger blow. Considering the facts aforesaid and the fact that the petitioners are ladies and there is no allegation of assault against them, the petitioners above-named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged 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 Chief Judicial Magistrate, Buxar in connection with Brahmpur P.S. Case No. 144/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T