Jirwa Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11657 of 2023 Arising Out of PS. Case No.-14 Year-2020 Thana- LUTUA District- Gaya ====================================================== 1.

JIRWA DEVI Wife of Kedar Bhuiya @ Kedar Bhuiyan Resident of VillageShankarpur, P.S.- Lutua, District- Gaya 2.

Punam Devi @ Punam Kumari Wife of Pintu Bhuiya @ Pintu Bhuiyan Resident of Village- Sherpur, P.S.- Gurua, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Singh For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-05-2023 Heard learned counsel for the parties.

The petitioners apprehend arrest in a case registered for the offence under Sections 147, 148, 149, 341, 323, 302, 448 and 427 of the Indian Penal Code and Section 3 / 4 of Prevention of Witch (Dain) Practice Act.

As per F.I.R., all the F.I.R. named accused persons including these petitioners entered the house of informant, dragged husband of informant in courtyard and thereafter, assaulted him with different weapons. It is further alleged that co-accused Ramesh @ Golu Bhuiyan hit the husband of informant on his head on account of which, he (husband of informant) died on spot.

Patna High Court CR. MISC. No.11657 of 2023(2) dt.16-05-2023 2/2 It is submitted on behalf of petitioners that specific accusation of assault is against co-accused Ramesh @ Golu Bhuiyan and no overt act has been alleged against these petitioners. There is general and omnibus allegation. Petitioners are ladies and have got clean antecedent.

However, learned A.P.P. for the State opposed the bail petition. It is submitted that petitioner is one of the assailant and post-mortem report reveals that doctor has found multiple injuries on the person of deceased including injuries on the vital part.

Considering the same, the prayer for anticipatory bail of petitioners is rejected.

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