Rekha Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17161 of 2018 Arising Out of PS. Case No.-173 Year-2017 Thana- KATORIA District- Banka ======================================================

1. Rekha Devi Wife of Pradeep Mahto@ Pradeep Yadav

2. Pradeep Mahto@ Pradeep Yadav Son of Phagu Mahto

3. Nanki Devi Wife of Phagu Mahto All are resident of village- Rikhiya Rajdah, P.S. Katoria, District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Nandad Prasad For the Opposite Party/s :

Mr. Sri Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-04-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in connection with Katoria P. S. Case No. 173 of 2017 registered for the offences punishable under Sections 341, 323, 307, 504/34 of the Indian Penal Code.

Allegedly, in the occurrence the petitioners caught the son of the informant and co-accused Fagu Mahto assaulted the son of the informant with butt of the spade with an intention to kill him.

Submission is of false implication and that co-accused Fagu Mahto has already been allowed regular bail vide Cr.

Patna High Court Cr.Misc. No.17161 of 2018(2) dt.06-04-2018 2/2 Misc. No. 63719 of 2017 by another co-ordinate Bench of this Court, against the petitioners there is no allegation for assaulting. The petitioner no. 1 and 3 are ladies and as such they deserve sympathetic consideration.

Learned APP fairly submits that the allegation of assault is against co-accused Fagu Mahto.

In the facts and circumstances stated above, the petitioners above named, in case of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order, are directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate Ist, Banka in connection with Katoria P. S. Case No. 173 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T