Isharbati Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50226 of 2018 Arising Out of PS. Case No.-127 Year-2015 Thana- PHULPARAS District- Madhubani ======================================================
1. Isharbati Devi, W/o Moti Ram Paswan.
2. Kavita Devi, W/o Jawahar Paswan.
Both are R/o Vill.- Belmohan, P.S.- Phulparas, DistrictMadhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Kumar No 13, Advocate.
For the Opposite Party/s :
Mr. Mithilesh Kumar Khare, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-09-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Phulparas P.S. Case No.127 of 2015/G.R. No.629 of 2015 registered under Sections 147, 148, 149, 323, 324, 307, 353, 333, 427 and 216(a) of the Indian Penal Code. The accusation is that on receiving secret informant that the accused of R. Shivir (Lakhnaur) P.S. Case No.61 of 2015 have come at the house of their relative Late Moti Ram at village-Bel Mohan and are making plan to commit the offence, the informant along with other police officials proceeded for there. When they reached there and surrounded the house of
Patna High Court Cr.Misc. No.50226 of 2018(2) dt.20-09-2018 2/3 Moti Ram, the accused persons started to run away from there. Out of them, one accused was apprehended by the police, who disclosed his name as Jawahar Ram. Thereafter, several persons assembled there and started pelting stones, bricks etc. on the police party, due to which, Jawahar Ram managed to flee away. At that time, 16 persons including the petitioners were identified.
Learned counsel for the petitioners submits that both the petitioners are ladies and have falsely been implicated in this case on mere suspicion. Further submission is that the similarly situated co-accused Kapur Devi alias Kabutari Devi, Renu Devi and Ramdai Devi alias Ram Day Devi have already been granted the privilage of pre-arrest bail by a Bench of this Court vide order dated 12.07.2018 passed in Criminal Misc. No.29657 of 2018.
Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Jhanjharpur (Madhubani), in connection with
Patna High Court Cr.Misc. No.50226 of 2018(2) dt.20-09-2018 3/3 Phulparas P.S. Case No.127 of 2015/G.R. No.629 of 2015, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T