Jaimala Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22517 of 2021 Arising Out of PS. Case No.-250 Year-2020 Thana- BHAGWANPUR District- Begusarai ====================================================== Jaimala Devi, W/O Amarjeet Kumar @ Amarjeet Singh @ Amarjeet Kumar Singh R/O Village- Gara, P.S.- Bhagwanpur, District- Begusarai ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sandip Kumar Gautam- Advocate For the State :
Mr. Ashok Kumar Singh- A.P.P.
For the Informant :
Mr. Ravindra Kumar- Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-06-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner seeks bail in anticipation of her arrest in a case registered for the offences punishable under Sections 302, 34 of the Indian Penal Code.
The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent, is a lady and the informant alleges that she came to know about the killing of her father Kamleshwari Singh and her brother Om Prakash Singh from her villagers on 19.10.2020. Accordingly, at 9.15, she reached village- Gara and found blood around the house of her father in a lane near the house at the flank of the road where the dead body of her father was lying and from there at a distance of
2/4 about 15 feet, the dead body of her brother was also lying. Both the dead bodies had marks of violence on different parts of the body. It is next alleged that the informant came to know that the occurrence was committed by Ram Gulam Singh, Veer Kunwar Singh @ Biro Singh, Amarjit Singh, Dilip Kumar Singh, Jaimala Devi (petitioner) and Satish Kumar Singh. It is next alleged that on coming to know about the occurrence, she went to the house of the accused where she found the house was locked and the accused had fled. It is next alleged that the reason behind the occurrence is land dispute. The learned counsel for the petitioner submits that the petitioner is a lady and is wife of Amarjeet Kumar @ Amarjeet Singh @ Amarjeet Kumar Singh, who is nephew of Kamleshwari Singh (deceased) and cousin brother of Om Prakash Singh (deceased).
The learned counsel thus submits that admittedly, the petitioner is relative and is having land dispute. The informant is not an eye witness to the occurrence. It is next submitted that even the F.I.R. does not even remotely disclose as to how the informant came to know that it were the petitioner, who had committed the occurrence except the fact that it is suggested that villagers disclosed the name of the accused persons, but the name of the villagers are completely missing.
3/4 The Learned counsel for the informant as well as learned A.P.P. opposes the bail application and submits that on account of land dispute the present occurrence has taken place. It is next submitted that the informant submits that wife of Om Prakash Singh also received injuries and became unconscious, but had witnessed the occurrence and as such, was aware, who were the accused, who participated in the occurrence, but the learned counsel for the informant very fairly submits that though the wife of Om Prakash Singh had seen the occurrence, but since she had lost consciousness, as such, when the F.I.R. came to be instituted, he had not disclosed the occurrence to the informant.
Be that as it may, considering the submissions made by the learned counsel for the petitioner and also the fact that petitioner is a lady, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Bhagwanpur P. S. Case No.250 of 2020, subject to the conditions laid down under Section 438(2)
4/4 of the Cr.P.C.
The application stands allowed.
(Satyavrat Verma, J) vikash/- U T