Fukiya Devi @ Babita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8091 of 2024 Arising Out of PS. Case No.-298 Year-2023 Thana- SALAKHUA District- Saharsa ====================================================== 1.
FUKIYA DEVI @ BABITA DEVI W/o Shiban Yadav Resident of VillageDhamara, P.S.-Mansi, District-Khagaria. 2.
SATRUGHAN KUMAR @ SUMAN KUMAR S/o Bishundeo Yadav Resident of Village-Harinsari, Ward No. 6, P.S.-Salkhua, District-Saharsa. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Mishra, Adv.
For the Opposite Party/s :
Mr.Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-03-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a case in connection with Salkhua P.S. Case No. 298 of 2023 dated 04.09.2023 registered for the offences punishable u/ss 341, 323, 325, 307, 379, 504, 506 read with section 34 of the Indian Penal Code.
3. As per the prosecution case, when the informant's mother went to the field to see the goats then the co-accused, Indu Kumari started abusing her, in the meantime, the informant reached there and pacified the matter between them. Thereafter, the accused persons came to the house of the informant and
Patna High Court CR. MISC. No.8091 of 2024(2) dt.04-03-2024 2/3 started abusing them. The informant told them that the matter was settled at that time but all the accused persons started firing which hit the informant's father, mother and bother. The accused persons also snatched the valuable articles from the informant's mother and fled away from the spot.
4. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. Nothing has been recovered from the possession of the petitioners. It is further submitted that the petitioners have no concern with the alleged offence. The petitioners have no criminal antecedent as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.
6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioners, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Saharsa in connection with Salkhua P.S. Case No. 298 of 2023, subject to
Patna High Court CR. MISC. No.8091 of 2024(2) dt.04-03-2024 3/3 conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
7. This application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T