Dulari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66535 of 2019 Arising Out of PS. Case No.-48 Year-2019 Thana- PARSA District- Saran ====================================================== 1.

DULARI DEVI Wife of Supan Mahto Resident of Village Parsadi, P.S. Parsa District- Saran at Chapra.

2.

Kanti Devi Wife of Raju Mahto Resident of Village Parsadi, P.S. Parsa District- Saran at Chapra.

3.

Parwati devi @ Dropati Devi Wife of Rabindra Mahto Resident of Village Parsadi, P.S. Parsa District- Saran at Chapra. ... ... Petitioners.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioners :

Mr. Ajay Kumar Sharma, Advocate.

For the State :

Mr. Dashrath Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-11-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Parsa P.S. Case No.48 of 2019 registered under Sections 307, 323, 354 and 380 of the Indian Penal Code besides Sections 26 and 27 of the Arms Act.

The accusation is that the minor daughter of the complainant/informant was being eve teased by Raju Mahto and Saroj Mahto but due to prestige in the society, the complainant/informant did not make complain to any one. On the date of the occurrence (23.10.2016) at about 05.00 P.M.,

Patna High Court CR. MISC. No.66535 of 2019(2) dt.06-11-2019 2/3 when the complainant/ informant was not at her house, at that time, her children was playing nearby place of her house. Taking the advantage of the absence of the complainant/ informant into her house, Raju Mahto and Saroj Mahto entered into the house of the complainant/informant and made attempt to commit rape on her daughter on the point of pistol but, in the meantime, the another daughter of the complainant/informant rushed there and started crying. Thereafter, the complainant/informant also rushed there and saw the incident and when she made protest, then they started to commit "MaarPeet" with her and damaged the households articles. Learned counsel for the petitioners submits that the petitioner no.2 Kanti Devi had lodged Parsa P.S. Case No.129 of 2016 against the complainant/informant, due to that reason, the complainant/informant has lodged the present case only to put undue pressure upon the petitioners. The petitioners have no criminal antecedents.

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

Patna High Court CR. MISC. No.66535 of 2019(2) dt.06-11-2019 3/3 amount each to the satisfaction of the Additional Chief Judicial Magistrate-XIII, Saran at Chapra, in connection with Parsa P.S. Case No.48 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T