Dukhani Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18410 of 2021 Arising Out of PS. Case No.-270 Year-2020 Thana- BHORE District- Gopalganj ====================================================== Dukhani Devi Wife Of Shankar Ram Resident Of Village- Semra, P.S. Bhorey, District- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhramveer For the Opposite Party/s :
Mr. Umesha Nand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-07-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner seeks bail in connection with Bhorey P.S. Case No. 270/2020 registered for the offence punishable under Sections 341, 323, 307, 447, 325, 504, 506/34 of the Indian Penal Code, later on Section 302 of the I.P.C. was added on 23.09.2020. The prosecution case which is based on written statement of informant Shobha Devi is that on 27.08.2020 at 11:00 p.m all the F.I.R. named accused persons came at the door of the
Patna High Court CR. MISC. No.18410 of 2021(2) dt.19-07-2021 2/3 informant and began hurling abuse and in the mean time, they assaulted informant's father-in-law and husband by means of handle of hand-pump and iron rod as a result of which informant's husband sustained injury and her father-in-law succumbed to injury. Shandhya Devi and Dukhani Devi also assaulted the informant.
It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case and has not committed any offence as alleged in the FIR. He submits that the alleged occurrence was taken place on 27.08.2020 at about 23:00 hrs and the F.I.R. is instituted on 1.09.2020 at 11:20 hrs, which is after five days of the occurrence and no explanation is made for instituting delayed F.I.R.. He further submits that the specific allegation of assault on the deceased Hari Ram is against Munna Ram and assault on the husband of the informant Raju Ram is against co-accused Ajay Ram. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner is a lady and has no criminal antecedent and has been languishing in custody since 19.11.2020.
Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the
Patna High Court CR. MISC. No.18410 of 2021(2) dt.19-07-2021 3/3 like amount each to the satisfaction of the learned court below where the case is pending in connection with Bhorey P.S. Case No. 270/2020.
(Anjani Kumar Sharan, J) GAURAV S./- U T