Prema Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26267 of 2018 Arising Out of PS.Case No. -65 Year- 2016 Thana -GOGRI District- KHAGARIA ======================================================

1. Prema Devi, wife of Ramotar Mandal.

2. Ramotar Mandal, son of Narayan Chaurasiya. Both 1 & 2 residents of village- Dukhatol, P.S.- Gogri, DistrictKhagaria.

3. Lalita Devi, daughter of Mahesh Chaurasiya.

4. Mahesh Chaurasiya, son of Late Shekhar Mandal. Both 3 & 4 residents of village- Kulhariya, P.S.- Parbatta, District- Khagaria.

5. Manju Devi, wife of Chandra Mani Mandal.

6. Deep Kumar Ranjan, son of Arjun Mandal.

Both 5 & 6 residents of village- Pitanjhiya, P.S.- Gogri, District- Khagaria.

7. Reena Kumari, wife of Sanjeev Kumar, resident of village- Barhara, P.S.- Gogri, District- Khagaria.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kumar Ravish, Advocate : Mr. Jai Kishor Poddar, Advocate For the State : None ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 03-05-2018 Heard learned counsel for the petitioners. Despite repeated calls no body appears on behalf of the State. The petitioners seek pre-arrest bail in connection with Gogri P.S. Case No.65 of 2016 registered under Sections 494, 120B, 420, 406 and 504 of the Indian Penal Code. It is submitted by the learned counsel for the petitioners that from perusal of the first information report, which is based on

Patna High Court Cr.Misc. No.26267 of 2018 (2) dt.03-05-2018 2/2 a complaint which was sent to the police by the learned Magistrate in exercise of powers conferred under Section 156(3) of the Cr.P.C., it would be evident that ingredients of the offences alleged would not be attracted against the petitioners. It is further submitted that under no circumstance Section 494 of the Indian Penal Code could have been alleged against the petitioners as there is no allegation that any of them having husband or wife living married again to some one else.

Considering the allegations made in the first information report and the submissions made above, in the event of arrest or surrender in the court below within six weeks from today, the petitioners are directed to 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 Judicial Magistrate, 1st Class, Khagaria in connection with Gogri P.S. Case No.65 of 2016 corresponding to G.R. No.828 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Md.S./- U T