Panna Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6588 of 2023 Arising Out of PS. Case No.-115 Year-2020 Thana- CHIRAIYA District- East Champaran ====================================================== 1.

Panna Devi Wife Of Sarwjeet Rai R/V- Mohadipur P.S- Chiraiya Dist- East Champaran 2.

Chanda Devi Wife Of Raghuveer Rai R/V- Mohadipur P.S- Chiraiya DistEast Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-04-2023 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under sections 341, 323, 324, 307, 504/34 of the Indian Penal Code.

On alleged date and time of occurrence all the FIR named accused persons including these petitioners holding weapons in their hands came to the house of informant abused and assaulted the informant and his family. Accused Sarvajeet Rai gave gadasi blow on the head of informant in which he sustained injury. On protest by the daughter of informant accused named Prabhansh Rai gave sword blow, causing injury in her mouth. It is further alleged that Accused Laxmi Devi assaulted the informant with brick and all accused persons pelted stones.

Patna High Court CR. MISC. No.6588 of 2023(2) dt.17-04-2023 2/2 Learned counsel for the petitioner submits that there is general and omnibus allegation of assault against these petitioners. No specific overt act has been alleged against them. There is also a delay of 2 days in lodging the F.I.R. for which there is no explanation. Petitioners are ladies and claim clean antecedent.

Learned counsel for the State opposes the bail petition of the petitioners.

Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-4, Sikaharna at Dhaka District: East Champaran in Chiraiya P.S. Case No. 115 of 2020, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Kaushik/- U T