Madhuri Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66335 of 2018 Arising Out of PS. Case No.-187 Year-2018 Thana- BUDDHACOLONY District- Patna ======================================================

1. Madhuri Devi, W/o Nandan Sahni.

2. Alka Devi @ Alka Kumari, W/o Amresh Sahni. Both R/o Dujarachak, P.S. Buddha Colony, District- Patna. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Ghanshyam Tiwary, Advocate.

For the Opposite Party :

Mr. Aditya Narayan Singh 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-12-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 341, 323, 337, 338, 307 and 504/34 of the IPC.

The prosecution story, in brief, is that on 18.05.2018 at about 8.00 P.M., the electricity line of the house of the informant-Varsha Kumari was disconnected, due to nonpayment of the electricity dues. It is alleged that after payment of the electricity dues, the Electric Mechanic (Mistri) came to restore the electricity line and while he was connecting the electricity line of the house, then co-accused Nandan Sahni, who is tenant of the informant forbade to the Electric

Patna High Court Cr.Misc. No.66335 of 2018(2) dt.17-12-2018 2/3 Mistri for connecting the electricity line. Upon which, when the grand-mother of the informant raised objection, then these petitioners alongwith co-accused Yurvaj @ Ashutosh assaulted her. It is also alleged that when the younger brother of the informant, Namely, Mukesh Kumar came to rescue her then the accused persons assaulted him with bucket, tub and bricks causing him head injury, due to which, he became senseless. The accused-persons also assaulted the mother and younger sister of the informant when they came to rescue Mukesh Kumar. Injured Mukesh Kumar was brought to P.M.C.H. for his medical treatment.

It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The petitioners are ladies. There is case and counter case between the parties. Injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R. Considering the aforesaid facts and circumstances, let

Patna High Court Cr.Misc. No.66335 of 2018(2) dt.17-12-2018 3/3 the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub Judge-XVI, Patna, in connection with G.R. Case No. 3182 of 2018, arising out of Buddha Colony P.S. Case No. 187 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T