Laxmi Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59869 of 2019 Arising Out of PS. Case No.-135 Year-2019 Thana- ALOULI District- Khagaria ====================================================== 1.
Laxmi Devi, W/o Sharvan Kumar @ Sharban Singh, Resident of VillageBahadurpur, P.S-Alauli, District-Khagaria. 2.
Samtola Devi, W/o Late Madan Singh, Resident of Village-Bahadurpur, P.SAlauli, District-Khagaria. 3.
Sula Devi, W/o Late Jibachh Singh, Resident of Village-Bahadurpur, P.SAlauli, District-Khagaria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binod Kumar For the Opposite Party/s :
Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-02-2020 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Alauli P.S. Case No. 135 of 2019, registered under Sections 448, 341, 323, 328, 302, 504 and 120B/34 of the Indian Penal Code. The accusation is that, at about 2 P.M., on 03.05.2019, Laxmi Devi (petitioner no.1), Rabina Devi, Samtola Devi (petitioner no.2) and Muniya Devi under conspiracy came at the house of informant, Raj Kumar and started to abuse his mother. When informant and his mother made protest then they administering poison to his mother forcibly and at that time, he was locked in the room. After some time, villagers came there and removed him from
Patna High Court CR. MISC. No.59869 of 2019(6) dt.06-02-2020 2/2 the room. While his mother was rushed to the Hospital but she died in the way.
Learned counsel for the petitioners submits that, in fact, informant was not present at his house at the time of occurrence but mere on suspicion, he disclosed the name of the petitioners having hand in the murder of his mother. It is further submitted that while it is alleged in the FIR that at the time of occurrence, informant was locked in the room but this fact is not disclosed in the case diary, which is up to paragraph 49. Further submission is that petitioners have no criminal antecedent.
Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria, in connection with Alauli P.S. Case No. 135 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T