Mina Devi vs The State Of Bihar
2021 Latest Caselaw 1749 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No. 33911 of 2020
       Arising Out of PS Case No.-62 Year-2020 Thana- PAHARPUR District- East Champaran
     ======================================================

1. Mina Devi, aged about 36 years, Female, wife of Duddi Ram @ Dugi Ram @ Satyadeo Ram.

2. Sima Devi, aged about 25 years, Female, wife of Ranjit Ram.

3. Manohar Devi, aged about 38 years, Female, wife of Nagina Ram.

4. Sabita Devi, aged about 35 years, Female, wife of Ramayan Ram.

5. Sarsita Devi @ Sarsila Devi, aged about 32 years, Female wife of Bikash Kumar.

All are residents of village Kamal Pipara, PS Paharpur, District- East Champaran.

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

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

For the Petitioner/s : Mr. Rajesh Ranjan, Advocate For the State : Ms. Anita Kumari Singh, APP For the Informant : Mr. Dhannjay Kumar No. 2, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 24-03-2021

The matter has been heard via video conferencing.

2. Heard Mr. Rajesh Ranjan, learned counsel for the

petitioners; Ms. Anita Kumari Singh, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State and

Mr. Dhannjay Kumar No. 2, learned counsel for the informant.

3. The petitioners apprehend arrest in connection with

Paharpur PS Case No. 62 of 2020 dated 21.02.2020, instituted Patna High Court CR. MISC. No.33911 of 2020 dt.24-03-2021

under Sections 147, 148, 149, 341, 323, 324, 370, 302 and 504 of

the Indian Penal Code.

4. The petitioners are ladies and along with other male

members of the family are accused of assaulting the informant and

specifically against the petitioners there is allegation of assaulting

the wife and mother of the informant and also of taking away gold

ornaments and household items worth Rs. 80,000/-. Further, as per

the allegation, assault by the male members led to death of the

father of the informant.

5. Learned counsel for the petitioners submitted that

there is land dispute between the parties and the allegations are

false, especially against the petitioners. It was submitted that the

allegation of assault on the mother and wife of the informant by

the petitioners is falsified by the fact that before the police when

they gave their statement, they did not produce any material to

show that they had to be treated by any doctor and further that

they have also not stated with regard to them going to any hospital

for treatment. It was submitted that the petitioners have no

criminal antecedent.

6. Learned APP submitted that as per the FIR, the

assault by the petitioners was on the wife and mother of the

informant.

Patna High Court CR. MISC. No.33911 of 2020 dt.24-03-2021

7. Learned counsel for the informant adopted the

argument of learned APP. However, when the Court put a direct

query to him with regard to their being no injury report produced

in support of the allegation that the wife and mother of the

informant were assaulted by the petitioners, learned counsel could

not give any reply.

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

concerned Magistrate, East Champaran, Motihari in Paharpur PS

Case No. 62 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

cooperate shall lead to cancellation of their bail bonds.

Patna High Court CR. MISC. No.33911 of 2020 dt.24-03-2021

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.)

P. Kumar

AFR/NAFR U T