Asha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21589 of 2021 Arising Out of PS. Case No.-164 Year-2020 Thana- ROH District- Nawada ====================================================== 1.

Asha Devi, W/O Vinod Yadav, 2.

Chintu Devi, W/O Upendra Yadav, 3.

Rinku Devi, W/O Chhote Lal Yadav @ Bindi Yadav, 4.

Sinku Devi @ Sintu Devi, W/O Pramen Yadav @ Anik Yadav All R/O Village-Mahkar, P.S-Roh, District-Nawada. ... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Man Mohan Kumar, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No.1. APP For the Informant : Mr.Arjun Prasad, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-08-2021 Heard the parties through virtual Court proceedings. Learned counsel for the petitioners undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioners seek bail in a case registered for the offence punishable under Sections 147, 148, 149, 342, 323, 302, 307, 120B, 354, 504, 506 of the Indian Penal Code and 27 of the Arms Act.

Allegation against the petitioners along with other

Patna High Court CR. MISC. No.21589 of 2021(2) dt.09-08-2021 2/3 accused persons is said to have assaulted the husband of the informant by gun shot due to which he died.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. He submits that there is specific overt act against coaccused, namely Vinay Yadav @ Chhotu Yadav shot from his pistol on the chest of the husband of the informant causing fire arms injury and he fell down. There is general and omnibus allegation against the petitioners and there is land dispute between the parties. According to FIR, allegation against the petitioners that they caught hold her hair-lock and thrashed her down. He further submits that the petitioners are ladies and there is general and omnibus allegation against them. The petitioners are languishing in judicial custody since 12.10.2020. The petitioners have got no criminal antecedent which is mentioned in para 3 of the bail petition.

Learned APP for the State vehemently opposed the prayer for bail of the petitioners.

Considering the aforesaid facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each in

Patna High Court CR. MISC. No.21589 of 2021(2) dt.09-08-2021 3/3 connection with Roh P.S. Case No. 164/2020 to the satisfaction of learned Court below where the case is pending/ successor Court.

(Anjani Kumar Sharan, J) amitkumar/- U T