Sushila Devi vs The State Of Bihar
2021 Latest Caselaw 520 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No. 30687 of 2020
          Arising Out of PS Case No.-127 Year-2020 Thana- SAKRA District- Muzaffarpur
     ======================================================

1. Sushila Devi, aged about 42 years, Female, Wife of Shri Ganesh Ram.

2. Pooja Devi, Female, aged about 18 years, Wife of Shri Lakhindra Ram.

3. Jitni Devi, Female, Aged about 50 years, Wife of Shri Suresh Ram.

4. Sonu Kumar, Male, aged about 20 years, Son of Shri Ganesh Ram.

5. Dharmendra Ram, Male, aged about 18 years, Son of Shri Suresh Ram.

6. Ganesh Ram, Male, Aged about 45 years, Son of Shri Singheshwar Ram.

All resident of Village- Pulkigajpatti Tola, P.S.- Sakra, District- Muzaffarpur.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate with Ms. Vaishnavi Singh, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 30-01-2021

Heard Mr. Ajay Kumar Thakur, learned counsel along

with Ms. Vaishnavi Singh, learned counsel for the petitioners and

Mr. Jharkhandi Upadhyay, learned Additional Public Prosecutor

(hereinafter referred to as the 'APP') for the State.

2. The petitioners apprehend arrest in connection with

Sakra PS Case No. 127 of 2020 dated 06.04.2020, instituted under

Sections 147, 148, 149, 341, 323, 307, 325 and 302 of the Indian

Penal Code.

Patna High Court CR. MISC. No.30687 of 2020 dt.30-01-2021

3. The allegation against the petitioners, along with

others, is that three named accused dragged the father of the

informant and started assaulting him with iron rod and lathi and

against co-accused Suresh Ram, not before this Court, the specific

allegation is that he repeatedly assaulted on the head causing

injury which ultimately led to death of the father of the informant.

4. Learned counsel for the petitioners submitted that the

postmortem report discloses two injuries, both on the head, which

are directly attributable to co-accused Suresh Ram and not the

petitioners. It was submitted that there is general and omnibus

allegation of assault but no injury has been found on any other

part of the body and even with regard to the allegation against

petitioner no. 3, the only semblance of the specific allegation is

that he along with two other co-accused dragged the father outside

and he also assaulted with lathi. Learned counsel submitted that

this assault is belied by the finding in the postmortem report.

Learned counsel submitted that both the parties are neighbours

and there is land dispute and there may have been a scuffle but the

allegations are exaggerated, especially against the petitioners. It

was submitted that the petitioners have no criminal antecedent.

5. Learned APP submitted that the petitioner no. 5 also

assaulted and there is general allegation of assault. However, in Patna High Court CR. MISC. No.30687 of 2020 dt.30-01-2021

view of the copy of the postmortem report being on record, he did

not controvert that no injury has been found on any other part of

the body and the two injuries on the head are specifically

attributed to co-accused Suresh Ram, who is said to have given

repeated blows on the head of the deceased.

6. 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

learned Sub-Judge XIII cum Additional Chief Judicial Magistrate,

IV, Muzaffarpur in Sakra PS Case No. 127 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 and they shall co-operate with the police/prosecution

and the Court. Any violation of the terms and conditions of the

bonds or failure to co-operate shall lead to cancellation of their

bail bonds.

Patna High Court CR. MISC. No.30687 of 2020 dt.30-01-2021

7. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T