Nirmala Devi And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55585 of 2015 Arising Out of PS.Case No. -77 Year- 2015 Thana -MAHILA P.S. District- SIWAN ======================================================
1. Nirmala Devi, Wife of Shri Suresh Lal Srivastava
2. Shobha Devi, Wife of Durgesh Srivastava
3. Durgesh Srivastava, Son of Sri Suresh Lal Srivastava
4. Suresh Lal Srivastava, Son of Late Nanhilal Srivastava All are residents of village - Siswan Purbi Patti, Police Station Sisawan, District - Siwan .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Ganjendra Kumar Singh, Advocate For the State : Mr. Aditya Narayan Singh-I (App) ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 12-02-2016 Learned counsel for the petitioner seeks leave to withdraw this application with respect to the petitioner nos.3 and 4 to surrender and seek regular bail before the court below. Accordingly, this application is dismissed as against the petitioner nos.3 and 4.
Heard learned counsel for the petitioners and the State.
Petitioners apprehend their arrest in a case filed under Sections 363, 366A, 372, 373 and 120B of the Indian Penal Code and Sections 4, 6, 8 and 10 of POSCO Act, 2012. It is contended on behalf of the petitioners that in
Patna High Court Cr.Misc. No.55585 of 2015 (3) dt.12-02-2016 2 / 2 fact there was love affair between the Ritesh Srivastava and the girl and both of them had eloped. However, names of the mother and sister-in-law have only been taken for harassing the entire family. It is further contended that complaint case was lodged two days after the occurrence and had the petitioners been involved they would have also absconded with the co-accused, Ritesh Srivastava.
Having regards to the facts and circumstances of the case, in the event of arrest/surrender within a period of six weeks from today in Siwan Mahila P.S. Case No.77/2015, the petitioner no.1, Nirmala Devi and petitioner no.2, Shobha Devi, who are lady and mother and sister-in-law of co-accused Ritesh Srivastava, shall be released on bail on furnishing bail bond of Rs.10,000( Ten Thousand Rupees) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan subject to the conditions as laid down under sub-section(2) of Section 438 of the Code of Criminal Procedure. (Dr. Ravi Ranjan, J) Sanjay-II/- U T