Patna High Court
Chintu Devi @ Chinta Devi vs The State Of Bihar on 22 January, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28058 of 2020
Arising Out of PS. Case No.-105 Year-2020 Thana- ROSERA District- Samastipur
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1. Chintu Devi @ Chinta Devi, aged about 32 years, Female, wife of Ram
Babu Sah.
2. Ram Sagar Sah, aged about 65 years, Male, son of Late Tetar Sah.
3. Pawan Devi, aged about 55 years, Female, wife of Raghunath Sah,
All are resident of village- Haripur, Ward No.13, P.S.- Rosera, District-
Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Abhay Shankar Singh, Advocate
For the State : Mr. Anil Kumar Singh No.1, APP
For the Informant : Mr. Sujit Kumar Singh, Advocate
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 22-01-2021
The matter has been heard via video conferencing.
2. Heard Mr. Abhay Shankar Singh, learned counsel
for the petitioners and Mr. Anil Kumar Singh No.1, learned
Additional Public Prosecutor (hereinafter referred to as the
'APP') for the State and Mr. Sujit Kumar Singh, learned counsel
for the informant.
3. The petitioners apprehend arrest in connection with
Rosera PS Case No.105 of 2020 dated 30.03.2020, instituted
under Sections 120-B, 147, 302, 307 and 504 of the Indian
Penal Code.
4. The allegation against the petitioners is that they
Patna High Court CR. MISC. No.28058 of 2020 dt.22-01-2021
had caught hold of the brother of the informant upon whom co-
accused, Ram Babu Sah, had inflicted knife blow resulting in
his death and further allegation is that the same co-accused,
Ram Babu Sah, had also inflicted knife blow on the informant
and three other ladies, who were injured.
5. Learned counsel for the petitioners submitted that
the entire family members, including ladies, have been made
accused in a general and casual manner for wreaking vengeance
against the family. It was submitted that it is unbelievable that
seven persons would catch hold of one person and allow for one
of the accused to be in a position to inflict knife blow. It was
submitted that besides the aforesaid, even the postmortem report
discloses that there were only two knife blows on the deceased
which clearly shows that in a random manner, the blows were
inflicted and had the petitioners and others caught hold of the
deceased, then there would have been real risk of some injury
on the side of the accused also, as in the FIR itself it has been
stated that co-accused, Ram Babu Sah, was indiscriminately
attacking the informant and other family members with knife. It
was submitted that the petitioners have no criminal antecedent.
6. Learned APP submitted that the petitioners were
also amongst those who had caught hold of the brother of the
Patna High Court CR. MISC. No.28058 of 2020 dt.22-01-2021
informant to enable co-accused, Ram Babu Sah, to inflict knife
injuries on him.
7. Learned counsel for the informant submitted that
the postmortem report reveals two injuries on the deceased and
further, that the informant and three other lady members have
also received knife blows and the petitioners are party to the
same as they had actively facilitated the other co-accused in
committing such crime.
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) each
with two sureties of the like amount each to the satisfaction of
the ACJM-1, Rosera, Samastipur, in Rosera PS Case No.105 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 petitioners and the bailors shall execute bond with regard to
good behaviour of the petitioners. Any violation of the terms
and conditions of the bonds shall lead to cancellation of their
bail bonds.
Patna High Court CR. MISC. No.28058 of 2020 dt.22-01-2021
9. The application stands disposed off in the
aforementioned terms.
(Ahsanuddin Amanullah, J)
J. Alam/-
AFR/NAFR
U
T
