Larho Devi @ Laro Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13114 of 2020 Arising Out of PS. Case No.-347 Year-2019 Thana- SAHPUR District- Patna ====================================================== 1.

LARHO DEVI @ LARO DEVI W/o Shivpujan Ray R/o village- Shahpur, P.S.- Shahpur, District- Patna.

2.

Meena Devi @ Rakhmani Devi W/o Ramjee Rai R/o village- Shahpur, P.S.- Shahpur, District- Patna.

... ... Petitioners.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioners :

Mr. Ghanshyam Tiwary, Advocate.

For the State :

Mr. Shyam Bihari Singh, A.P.P.

For the Informant :

Mr. Pramod Kumar Sinha, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-08-2020 Heard learned counsel for the petitioners and the learned A.P.P. for the State as also the learned counsel for the informant through Video Conferencing.

The petitioners apprehend their arrest in connection with Shahpur P.S. Case No.347 of 2019 registered under Sections 147, 448, 323, 302 and 380 of the Indian Penal Code. The accusation is that the informant Kajal Devi was at her Maika in village-Masudpur. On 29.08.2019 at about 04-05 O' clock, the calf of Shivpujan Ray came at the door of the informant, then the younger brother of the informant removed the same from the door. Thereafter, Shivpujan Ray came and laid down the younger brother of the informant on the ground,

Patna High Court CR. MISC. No.13114 of 2020(2) dt.12-08-2020 2/3 then Manorma Devi, the mother of the informant, made complaint to him, saying that why his son is being laid down on the ground. If any mistake has been done by him, he may try to convince her son. Thereafter, all the F.I.R. named accused including the petitioners entered into the house and started to abuse to the mother of the informant. Thereafter, on the order of Shivpujan Ray, other accused started to cause assault to the mother of the informant through lathi, stick, fists and slaps and Shivpujan Ray laid her on the ground catching her hair. Thereafter, son, wife and daughter-in-law of Shivpujan Ray pressed the chest and belly of the mother of the informant, due to which she became unconscious. At that time, Ramji and the petitioner no.1, namely, Larho Devi, took cash Rs.25000/- and gold ornaments breaking the box. The mother of the informant was rushed to Danapur Government Hospital for treatment from where she was referred to P.M.C.H., Patna, where she died in the evening of 30.08.2019.

Learned counsel for the petitioners submits that due to reaching of calf of family of the petitioners, hot exchange of words took place in between the male members of the petitioners' side and the informant's side, in which occurrence of "Maar-Peet" took place in between them but the petitioners,

Patna High Court CR. MISC. No.13114 of 2020(2) dt.12-08-2020 3/3 who are ladies, with an ulterior motive, have falsely been implicated in this case. The petitioners have no criminal antecedents.

Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-I, Danapur, Patna, in connection with Shahpur P.S. Case No.347 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T