High Court Patna High Court - Orders

Sita Devi &Amp; Anr vs State Of Bihar on 26 November, 2010

Patna High Court – Orders
Sita Devi &Amp; Anr vs State Of Bihar on 26 November, 2010
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Cr.Misc. No.42086 of 2010
                 1.SITA DEVI wifeof late Domi Sah
                 2.Shailendra Yadav, son of Sukhadeo Yadav,
                   Both resident of village- Belari, P.S. Kumarkhand( Belari O.P),
                   District Madhepura                            ......petitioners.
                                         Versus
                   THE STATE OF BIHAR                                    O.P.
                                              -----------

2 26.11.2010 Heard the parties.

In a criminal prosecution registered under

sections 436, 379 and some other minor or bailable offences

under the Indian penal Code, the petitioners are named in

the FIR as accused.

Learned counsel for the petitioners submits that

the informant Urmila Devi and petitioner no.1 Sita Devi are

Gotani (sisters-in-law) belonging to the same family and

there was some previous dispute going on between them. It

is further highlighted that during the course of investigation

the independent witnesses have not supported the

prosecution case regarding arson. The prosecution case was

supported only with respect to minor offences. He further

submitted that some land disputes are going on between the

informant at one side and the accused persons on the other

side.

In the facts and circumstances of the case, in the

event of arrest or surrender in the court below, the above
2

named petitioners are directed to be enlarged on bail on

furnishing bail bond of Rs. 10,000/- (ten thousand) with two

sureties of like amount each to the satisfaction of C.J.M,

Madhepura in connection with Kumarkhand (Belari O.P)

P.S. Case no. 113 of 2010 subject to the conditions laid

down under section 438(2) Cr.P.C.

( Birendra Prasad Verma, J )
M.Rahman