Meena Devi & Ors vs The State Of Bihar on 17 February, 2017

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Patna High Court - Orders

Meena Devi & Ors vs The State Of Bihar on 17 February, 2017

Bench: Jitendra Mohan Sharma

      Patna High Court Cr.Misc. No.3981 of 2017 (2) dt.17-02-2017




                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                      Criminal Miscellaneous No.3981 of 2017
                                 Arising Out of PS.Case No. -32 Year- 2016 Thana -DARPA District-
                                                 EASTCHAMPARAN(MOTIHARI)
                   ======================================================
                   1. Meena Devi, Wife of Sri Tileshwar Sahani,
                   2. Shail Devi, Wife of Sri Harendra Sahani,
                   3. Tileshwar Sahani, Son of Late Bikhari Sahani,
                   Resident of Village- Baghai, P.S.- Darpa, District- East Champaran.
                                                                            .... .... Petitioners
                                                      Versus
                   The State of Bihar.                          .... .... Opposite Party
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :   Mr. Anuj Kumar
                   For the Opposite Party/s    : Mr. Sri Umeshnand Pandit
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN
                   SHARMA
                   ORAL ORDER

2   17-02-2017

Heard learned Sr. Counsel for the petitioners and learned counsel representing the State.

Petitioners apprehend their arrest in connection with Darpa P.S. Case No. 32 of 2016 registered for the offences punishable under Sections 307, 324, 147, 148 and 149 of the Indian Penal Code and Section 27 of the Arms Act.

Allegedly, petitioners no. 1 and 2 pressed testicles of the informant with an intention to kill him and others assaulted with farsa, daab and also opened fire which did not hit, the occurrence took place due to not fulfilling the demand of ransom.

Submission is of false implication and that the petitioners no. 1 and 2 are ladies and they are protected under the law, against petitioner no. 3 there is no allegation, no injury has been Patna High Court Cr.Misc. No.3981 of 2017 (2) dt.17-02-2017 found on the testicles of the informant and as such the petitioners deserve sympathetic consideration.

Learned APP duly assisted by learned counsel for the informant opposes the prayer of pre-arrest bail by submitting that grievous injury has been found on the person of the informant and regular bail of Ravi Shankar Sahani has been rejected.

In the facts and circumstances stated above, considering that no injury has been found on the testicles of the informant and further against petitioner no. 3 there is no allegation for committing any overt act, the petitioners above named, in case of their surrender or arrest within four weeks from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Darpa P.S. Case No. 32 of 2016, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/-

  U         T

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Patna High Court - Orders