Patna High Court
Munni Devi vs The State Of Bihar on 6 August, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37739 of 2021
Arising Out of PS. Case No.-114 Year-2021 Thana- BEGUSARAI MUFFASIL District-
Begusarai
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1. Munni Devi, Female, aged about 39 years, wife of Mr. Subodh Singh.
2. Rinku Devi, Female, aged about 37 years, wife of Mr. Santosh Singh.
3. Komal Kumari, Female, aged about 18 years, daughter of Mr. Santosh
Singh.
4. Chhoti Kumari, Female, aged about 14 years, daughter of Mr. Subodh Singh.
All resident of Village - Mohanpur, P.S.- Muffasil, District- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate
For the State : Mr. Md. Arif, APP
For the Informant : Mr. Nasrul Huda Khan, Advocate
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 06-08-2021
The matter has been heard via video conferencing.
2. The case has been taken up out of turn on the basis
of motion slip filed by learned counsel for the petitioner on
26.07.2021, which was allowed.
3. Heard Mr. Ajay Kumar Thakur, learned counsel for
the petitioners; Mr. Md. Arif, learned Additional Public
Prosecutor (hereinafter referred to as the 'APP') for the State
and Mr. Nasrul Huda Khan, learned counsel for the informant.
4. The petitioners apprehend arrest in connection with
Muffasil PS Case No. 114 of 2021 dated 23.02.2021, instituted
Patna High Court CR. MISC. No.37739 of 2021 dt.06-08-2021
under Sections 147, 148, 149, 341, 323, 324, 448, 379, 302,
427, 354 of the Indian Penal Code.
5. The allegation against the petitioners no. 1 and 2 is
that they assaulted the mother of the informant with iron rod and
stick and also snatched the gold chain and ear ring, whereas, the
petitioner no. 3 is said to have assaulted the sister of the
informant with stick and thereafter it is alleged that all the
accused, including other male members of the family of the
petitioner, had entered into the house and looted Rs. 27,000/-
and further, against the petitioner no. 4 is that she had also bitten
the sister of the informant and all the accused are said to have
damaged the motorcycle belonging to the father of the
informant by iron rod and stones and had also taken away three
mobile phones from the house. It is alleged that the father of the
informant was killed due to assault by the accused.
6. Learned counsel for the petitioners submitted that
both the families were agnates and they have been falsely
implicated. It was submitted that no reason has been assigned in
the FIR for the occurrence, whereas, accused Santosh Singh of
the present case has lodged Muffasil PS Case No. 115 of 2021
on the same day for the same occurrence where it is alleged that
the informant of the present case, along with his brothers, had
Patna High Court CR. MISC. No.37739 of 2021 dt.06-08-2021
teased and harassed one of the petitioners and when the family
members of the petitioners confronted the informant, they were
abused and assaulted along with other family members. Learned
counsel submitted that the deceased is the own uncle of co-
accused, Santosh Singh, Subodh Singh and Randhir Kumar, and
both the sides are neighbours. Learned counsel submitted that
the case is false also for the reason that there is no injury report
of the mother of the informant and as far as the sister of the
informant is concerned, the injury report shows only one
lacerated wound above left half upper lip 1" x 1/2" and no sign
of bite was found by the doctor. Thus, it was submitted that the
injury itself appears to be superficial. It was submitted that the
entire family, including the petitioners, who are female members
having clean antecedent, have been implicated with ulterior
motive and as far as the death of the father of the informant is
concerned, the assault on him is attributed to the other male co-
accused and not the petitioners. It was submitted that another
aspect of the matter is that in the FIR itself it is alleged that
when other male members of the petitioners, who are also co-
accused, were assaulting the father of the informant, the police
had arrived and, thus, if the same is true, then there could not
have been any further assault on the father of the informant and
Patna High Court CR. MISC. No.37739 of 2021 dt.06-08-2021
the accused would also have been arrested there itself on
22.02.2021, but neither any case was lodged nor arrest made on
22.02.2021 and only after the case was instituted on 23.02.2021,
the male members of the petitioners, who are accused in the
present case, were arrested. It was submitted that the informant
side had blocked the state highway and indulged in brick-batting
with the police for which Muffasil PS Case No. 117 of 2021
dated 23.02.2021 under Sections 147, 148, 341, 323, 504, 353,
332 of the Indian Penal Code was also instituted, in which the
informant of the present case and others are accused.
7. Learned APP submitted that the petitioners are
alleged to have assaulted the mother and bitten the sister of the
informant.
8. Learned counsel for the informant submitted that
the father of the informant has died due to assault. However, it
was not controverted that the assault on the father of the
informant is attributed to the male co-accused in the case and
not the petitioners and also that there is no injury report with
regard to the mother of the informant as also that only a
lacerated wound on the upper lip of the sister of the informant
has been found by the doctor, as noted in the injury report.
9. Having considered the facts and circumstances of
Patna High Court CR. MISC. No.37739 of 2021 dt.06-08-2021
the case and submissions of learned counsel for the parties, in
the tentative view of the Court, the allegations against the
petitioners, who have been made accused along with their other
male members, are not corroborated by the material brought
before the police, inasmuch as, there is no injury report with
regard to the mother of the informant and further that the sister
of the informant has suffered only a lacerated wound above the
left half upper lip and the petitioners are ladies without any
criminal antecedent, the Court is inclined to allow their prayer
for grant of pre-arrest bail.
10. Accordingly, 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) each with two sureties of the
like amount each to the satisfaction of the learned Chief Judicial
Magistrate, Begusarai, in Muffasil PS Case No. 114 of 2021,
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
petitioners and the bailors shall execute bond and give
undertaking with regard to good behaviour of the petitioners,
and (iii) that the petitioners shall cooperate with the Court and
Patna High Court CR. MISC. No.37739 of 2021 dt.06-08-2021
the police/prosecution. Any violation of the terms and
conditions of the bonds or undertaking or failure to cooperate
shall lead to cancellation of their bail bonds.
11. 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 petitioner(s).
12. The petition stands disposed of in the
aforementioned terms.
(Ahsanuddin Amanullah, J)
J. Alam/-
AFR/NAFR
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T
