Patna High Court - Orders
Meena Devi & Ors. vs The State Of Bihar on 27 June, 2014
Author: Vikash Jain
Bench: Vikash Jain
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6302 of 2014
Arising Out of PS.Case No. -341 Year- 2013 Thana -TURKAULIYA District-
EASTCHAMPARAN(MOTIHARI)
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1. Meena Devi Wife Of Baidyanth Ram Residnet Of Village Majurahan,
P.S- Turkaulia District- East Champaran.
2. Chhathu Ram Son Of Late Palat Ram Residnet Of Village Majurahan,
P.S- Turkaulia District- East Champaran.
3. Madan Ram Son Of Baidhyanath Ram Residnet Of Village Majurahan,
P.S- Turkaulia District- East Champaran.
4. Baidhyanath Ram Son Of Late Nathuni Ram Residnet Of Village
Majurahan, P.S- Turkaulia District- East Champaran.
.... .... Petitioner/s
Versus
The State Of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Virendra Kumar,Adv
For the Opposite Party/s : Mr. J.K.Singh,APP
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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL ORDER
4 27-06-2014Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 341, 323, 448, 380, 376, 511, 504 and 506 IPC registered in connection with Turkaulia P.S. Case No.341 of 2013.
3. Accusation is that the FIR named accused persons have committed assault upon the informant and his daughter-in-law and started dragging the informant's grand daughter with the intention of committing rape on her.
4. It is submitted that the accusations are false and concocted as on the face of it, it is highly improbable that the members of a family including the parents would together Patna High Court Cr.Misc. No.6302 of 2014 (4) dt.27-06-2014 2 commit an offence of the nature alleged.
5. Learned APP submits that the case diary amply supports the prosecution case.
6. Considering the above facts, as such, in the event of arrest or surrender before the court below within six weeks from the date of communication of this order, let petitioner Nos. 2 and 4 namely, Chhathu Ram and Baidhyanath Ram respectively, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari in connection with Turkaulia P.S. Case No. 341 of 2013 subject to the conditions as laid down under Section 438 (2) Cr.P.C. However, having regard to the specific nature of accusations against petitioner No. 3, this Court is not inclined to grant the privilege of anticipatory bail to him. Accordingly the bail petition stands dismissed as against petitioner No. 3, Madan Ram.
(Vikash Jain, J)
Chandran
U T