IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.33895 of 2010
BHOLI DEVI & ANR
Versus
STATE OF BIHAR
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02/ 4.11.2010 Heard learned counsel for the petitioners as well as learned
P.P. for the State.
Petitioners apprehend their arrest in connection with Rajgir
P.S. Case no. 169/2010 registered under section 302/34 of the IPC as
well as 3(x)(v) of the SC/ST Prevention of Atrocities Act.
Allegedly, petitioners along with other accused assaulted
the deceased with fists and slaps but the FIR reflects that it was co-
accused Guddu Mian who pressed the chest of the deceased.
Annexure 2, photo copy of the post mortem report reveals that no
external injury was found on the dead body of the deceased.
Petitioners are ladies. So far application of provisions of SC/ST of
Prevention of Atrocities Act is concerned, the same appears to be
doubtful.
Accordingly, this anticipatory bail is allowed and it is
ordered that the petitioners( Bholi Devi and Pinki Devi) in the event of
arrest/ surrender within 30 days from the date of communication of
the order be released on bail in connection with Rajgir P.S. Case no.
169 of 2010 on furnishing bail bond of Rs 10,000/- each with two
sureties of the like amount each to the satisfaction of the Chief
Judicial Magistrate, Nalanda, at Biharsharif subject to condition as
laid down under section 438(2) of the Cr. P.C.
shahid (Hemant Kumar Srivastava,J))
