Patna High Court
Suganti Kumari vs The State Of Bihar on 9 April, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33959 of 2020
Arising Out of PS. Case No.-137 Year-2020 Thana- HUSSAINGANJ District- Siwan
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1. Suganti Kumari, aged about 20 years, daughter of Laxman Yadav.
2. Kalawati Devi, aged about 40 years, wife of Laxman Yadav,
Both resident of Village- Purari, P.S.- M.H. Nagar, District- Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Amit Kashyap, Advocate
For the State : Ms. Nirmala Kumari, APP
For the Informant : Mr. Prashant Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 09-04-2021
The matter has been heard via video conferencing.
2. Heard Mr. Amit Kashyap, learned counsel for the
petitioners; Ms. Nirmala Kumari, learned Additional Public
Prosecutor (hereinafter referred to as the 'APP') for the State
and Mr. Prashant Kumar, learned counsel for the informant.
3. The petitioners apprehend arrest in connection with
Hussainganj (MH Nagar) PS Case No. 137 of 2020 dated
05.06.2020 instituted under Sections 341, 323, 307, 302, 504,
506/34 of the Indian Penal Code.
4. The allegation against two other co-accused is of
assault on the head of the informant, whereas, against the
petitioners and five others is of general assault on the father of
the informant, namely, Ramnath Yadav, causing head injury
leading to his death.
Patna High Court CR. MISC. No.33959 of 2020 dt.09-04-2021
5. Learned counsel for the petitioners submitted that
they are ladies having no criminal antecedent and further, that
the allegation against them is cosmetic, of holding bricks in
their hand. It was submitted that the postmortem report of the
deceased, Ram Nath Yadav, shows injury on the head leading to
his death. It was submitted that no multiple injury has been
found on the head to indicate that even bricks, if it is accepted,
were used by the petitioners causing any injury to the deceased.
It was submitted that in the FIR itself it has been stated that
there was dispute with regard to the petitioners' family trying to
forcibly cut the soil from the land of the informant.
6. Learned APP submitted that the petitioners had also
assaulted by bricks.
7. Learned counsel for the informant submitted that
death has been caused by injury of hard and blunt substance on
the head of the deceased. However, it was not controverted that
multiple injuries have not been found on the head.
8. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, in
the event of arrest or surrender before the Court below within
six weeks from today, the petitioners be released on bail upon
furnishing bail bonds of Rs. 25,000/- (twenty five thousand)
Patna High Court CR. MISC. No.33959 of 2020 dt.09-04-2021
each with two sureties of the like amount each to the satisfaction
of the learned ACJM XIII, Siwan, in Hussainganj (MH Nagar)
PS Case No. 137 of 2020, subject to the conditions laid down in
Section 438(2) of the Code of Criminal Procedure, 1973 and
further (i) that one of the bailors shall be a close relative of the
petitioners, (ii) that the bailors and petitioners shall execute
bond with regard to good behaviour of the petitioners, and (iii)
that the petitioners shall cooperate with the Court and the
police/prosecution. Any violation of the terms and conditions of
the bonds or failure to cooperate shall lead to cancellation of
their bail bonds.
9. It shall also be open for the prosecution to bring
any violation of the foregoing conditions of bail by the
petitioners, to the notice of the Court concerned, which shall
take immediate action on the same after giving opportunity of
hearing to the petitioners.
10. The application stands disposed off in the
aforementioned terms.
(Ahsanuddin Amanullah, J)
J. Alam/-
AFR/NAFR
U
T
