Fulmati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19348 of 2021 Arising Out of PS. Case No.-188 Year-2020 Thana- MANJHAGARH District- Gopalganj ====================================================== 1.

Fulmati Devi, aged about 48 years, Gender-Female, Wife of Jagat Narayan Prasad @ Jagu Prasad, Resident of Village-Pathara Paschim Tola, P.S.- Manjhagarh, District - Gopalganj.

2.

Chanda Devi, aged about 26 years, Gender-Female, Wife of Anil Prasad, Resident of Village - Pathara Paschim Tola, P.S.- Manjhagarh, District - Gopalganj.

... ... Petitioners

Versus

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

For the Petitioners :

Mr. Naresh Prasad, Advocate.

For the Opposite Party :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-07-2021 Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioners and learned A.P.P. for the State through Virtual mode.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 302/34 of the I.P.C. The prosecution story, in brief, is that on 05.08.2020 at about 7.30 A.M., the informant alongwith his wife and daughter Ragini Kumari, aged 4 months, was sitting in his room. In the meantime, petitioners came there and started hurling abuse and when the informant made protest of it,

Patna High Court CR. MISC. No.19348 of 2021(2) dt.07-07-2021 2/3 petitioners started assaulting the informant with Lathi and in that course, they even assaulted the four months daughter in his lap with Lathi to whom, the doctor of P.H.C., Manjha, declared her dead. Hence, the F.I.R.

It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. Petitioners are ladies. General and omnibus allegation has been made against them. No specific overt act is alleged against them.

On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R. Considering the aforesaid facts and circumstances of the case, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of the learned C.J.M., Gopalganj, in connection with Manjhagarh P.S. Case No. 188 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners shall

Patna High Court CR. MISC. No.19348 of 2021(2) dt.07-07-2021 3/3 furnish bail bonds of Rs. 10,000/-(Rupees Ten Thousand) only each with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) U.K./- U T