Chanda Devi @ Musmat Chanda Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83644 of 2023 Arising Out of PS. Case No.-244 Year-2015 Thana- CHHATAUNI District- East Champaran ====================================================== 1.

CHANDA DEVI @ MUSMAT CHANDA DEVI W/O JASBIR SINGH RESIDENT OF VILLAGE- KHUTONA, P.S. PATAHI, DISTRICT- EAST CHAMPARAN.

2.

RAJ NARAIN SINGH SON OF RAMCHALITAR SINGH RESIDENT OF VILLAGE- KHUTONA, P.S. PATAHI, DISTRICT- EAST CHAMPARAN. 3.

HARISHCHANDRA SINGH SON OF RAMCHALITAR SINGH RESIDENT OF VILLAGE- KHUTONA, P.S. PATAHI, DISTRICT- EAST CHAMPARAN.

4.

INDRAJEET SINGH SON OF RAM GANESH SINGH RESIDENT OF VILLAGE- KHUTONA, P.S. PATAHI, DISTRICT- EAST CHAMPARAN. 5.

AVINASH SINGH @ ABHINASH SINGH S/O RAM GANESH SINGH RESIDENT OF VILLAGE- KHUTONA, P.S. PATAHI, DISTRICT- EAST CHAMPARAN.

6.

PRABHUNATH SINGH SON OF RAJ NARAYAN SINGH RESIDENT OF VILLAGE- KHUTONA, P.S. PATAHI, DISTRICT- EAST CHAMPARAN. 7.

BRIJ NARAYAN SINGH @ BRIJNATH SINGH SON OF HARISHCHANDRA SINGH RESIDENT OF VILLAGE- KHUTONA, P.S. PATAHI, DISTRICT- EAST CHAMPARAN.

8.

MALTI DEVI W/O SHASHI BHUSHAN SINGH R/O VILLAGE- MARPA MOHAN, P.S. FENHARA, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-01-2024 Heard learned counsel for the petitioners as well as the learned APP for the State.

2. The petitioners apprehend their arrest in connection with Chatauni P.S. Case No. 244 of 2015, registered for the offences punishable under Sections 147, 323, 452, 395, 398, 406 of the Indian Penal Code.

Patna High Court CR. MISC. No.83644 of 2023(2) dt.18-01-2024 2/3

3. As per allegation, the accused (petitioner no. 1) used to reside in the house of the informant on rent. The husband of petitioner no.1 used to reside in foreign country. After sometime, while husband of petitioner no.1 returned from abroad, it was acknowledged that his wife is involved in dubious character. It is further alleged that while the informant demanded the dues money of rent, the accused persons having formed an unlawful assembly entered the room and committed loot in which ornaments worth Rs. 2 lacs were taken away.

4. The learned counsel for the petitioners has submitted that as a matter of fact, the informant Puspa Devi was land lady of the premises which was let out to the husband of the petitioner no.

1. The informant Puspa Devi had illicit relation with husband of the petitioner no. 1 and the informant was also an accused in a murder case of husband of the petitioner. The petitioner no. 1 has falsely been implicated in this case. She has submitted further that the petitioners are the persons of clean antecedents and they have falsely been merely because the informant had vendetta against the petitioners, due to the murder case of husband of the petitioner no.

1. It has also been submitted that all the petitioners are the persons of clean antecedents.

5. Considering the above-mentioned facts and circumstances, especially the clean antecedent, let the petitioners,

Patna High Court CR. MISC. No.83644 of 2023(2) dt.18-01-2024 3/3 in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Chatauni P.S. Case No. 244 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nawneet Kumar Pandey, J) Nirmal/- U T