Rekha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69373 of 2022 Arising Out of PS. Case No.-221 Year-2021 Thana- ARA NAGAR District- Bhojpur ====================================================== 1.

Rekha Devi W/O Sushil Tiwari @ Sushil Kumar Tiwari R/O Dhanupara Ara P.S Ara Nagar District Bhojpur 2.

Juhi Devi @ Bandana Devi W/O Mani Tiwari R/O Dhanupara Ara P.S- Ara Nagar District- Bhojpur ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Patanjali Rishi, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 21-04-2023 Heard learned counsel appearing on behalf of the petitioners and learned Additional Public Prosecutor appearing on behalf of the State.

The accused/petitioners are not named in the F.I.R. and apprehending their arrest in connection with Ara Nagar P.S. Case No.221 of 2021 registered for the offences punishable under Sections 326, 307, 506 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation against the petitioners as per narration of F.I.R. is to make complain about the son of the informant, where petitioner No.1 is the mother and petitioner No.2 is the

Patna High Court CR. MISC. No.69373 of 2022(2) dt.21-04-2023 2/3 aunt of the co-accused Vipul Kumar, respectively. Learned counsel appearing on behalf of the petitioners submitted that maximum allegation as per narration of F.I.R. as available against these petitioners is to report the occurrence and involvement of son of informant. It is submitted that no overt act is attributed to these petitioners, who are lady of clean antecedent. While concluding the argument it is submitted that implications of these petitioners is only being as petitioner No.1 is the mother and petitioner No.2 is the aunt of the co-accused Vipul Kumar, respectively.

Learned APP appearing on behalf of the State, opposes the prayer for bail.

In view of the facts and circumstances as mentioned above and by taking note of the nature of allegation, where petitioners were not attributed any overt act coupled with the fact both petitioners are lady of clean antecedent, the petitioners above named, in the event of their arrest or surrender within a period of four weeks, be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur/concerned Court below where the case is pending in connection with Ara Nagar P.S. Case No.221

Patna High Court CR. MISC. No.69373 of 2022(2) dt.21-04-2023 3/3 of 2021 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Chandra Shekhar Jha, J.) S.Tripathi/- U T