Seema Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8675 of 2024 Arising Out of PS. Case No.-464 Year-2023 Thana- HARSIDHI District- East Champaran ====================================================== 1.
Seema Devi W/O- Madan Singh R/O- Village- Olahan, P.S.- Harsidhi, Dist.- East Champaran 2.
Sapna Kumari D/O- Madan Singh R/O- Village- Olahan, P.S.- Harsidhi, Dist.- East Champaran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Kant Singh, Advocate For the Opposite Party/s :
Mr. Narendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 20-02-2024 Heard learned counsel for the petitioners as well as the learned APP for the State.
2. The petitioners apprehend their arrest in connection with Harsidhi P.S. Case No. 464 of 2023, registered for the offences punishable under Sections 341, 323, 307, 302, 504/34 of the Indian Penal Code and 27 of Arms Act.
3. As per allegation, when the informant was cutting grass in his field, the FIR named accused person came there and started abusing him. On objection, at the order of co-accused Brijbihari Singh, the accused persons started indiscriminate firing, due to which, he sustained injuries.
4. The learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.8675 of 2024(2) dt.20-02-2024 2/3 that the petitioners are ladies of clean antecedent and have falsely been implicated in this case. He has submitted that 11 named accused persons including the female members of the family have been implicated but specific allegation of exhorting other accused persons is on Brijbihari Singh upon which Durgesh Singh, Akash Singh and Madan Singh indiscriminately fired on the person of the deceased. So far as these ladies petitioners are concerned there is no specific overt act against them.
5. On the other hand the learned APP has opposed the prayer for bail and submitted that these petitioners were also amongst the persons who committed murder of the deceased. He further submits that paragraph no. 15 of the case diary contains the post-mortem report of the deceased and four injuries were found.
6. From perusal of the FIR itself, it appears that on these two lady petitioners there is no specific overt act and the allegation of order giving is on co-accused Brijbihari Singh and of firing on the deceased is against the co-accused Durgesh Singh, Akash Singh and Madan Singh.
7. Considering the above-mentioned facts and circumstances, let the petitioners, in the event of their arrest or
Patna High Court CR. MISC. No.8675 of 2024(2) dt.20-02-2024 3/3 surrender within four weeks before the learned court below, be released 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 learned Session Judge, East Champaran in connection with Harsidhi P.S. Case No. 464 of 2023, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Nawneet Kumar Pandey, J) Sudha/- U T