Chhoti Kumari And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49528 of 2015 Arising Out of PS.Case No. -90 Year- 2010 Thana -PATAHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Chhoti Kumari daughter of Ram Sagar Ram
2. Khushboo Kumari daughter of Shambhu Singh
3. Sunita Devi wife of Rama Shankar Singh
4. Anju Devi Wife of Awadhesh Singh
5. Nikki Kumari @ Mikky Kumari daughter of Rama Shankar Singh All are residents of village - Gonahi, P.S.- Patahi, District - East Champaran .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 05-11-2015 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek pre-arrest bail in connection with Patahi P.S. Case No.90 of 2010 registered under Sections 332, 333, 337, 504, 353 and 379/34 of the Indian Penal Code. It is contended that none of the ingredients of the alleged offences are applicable at least to the case of the petitioners. They have committed no offence much less the offence as alleged against them. They are victims of false implication in the case due to high handedness of the police.
Patna High Court Cr.Misc. No.49528 of 2015 (3) dt.05-11-2015 2/2 Learned counsel for the State has opposed the application. He has submitted that the case is of the year 2010 and the present application under section 438 of the Code of Criminal Procedure has been filed in the year 2015.
In reply, learned counsel for the petitioners has submitted that till date investigation as against the petitioners is pending.
Regard being had to the facts and circumstances of the case, in the event of arrest or surrender in the court below within six weeks from today, the above named petitioners are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Sikrahana, East Champaran, Motihari in connection with Patahi P.S. Case No.90 of 2010 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