Leela Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18519 of 2019 Arising Out of PS. Case No.-78 Year-2017 Thana- JALALGARH District- Purnia ====================================================== 1.

Leela Devi, Wife of Nandan Rishi, Resident of Village- Dansar, P.S.- Jalalgarh, District- Purnea.

2.

Viren Rishi @ Birendra Rishi, Son of Late Bhumi Rishi, Resident of Village - Dansar, P.S.- Jalalgarh, District - Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar For the Opposite Party/s :

Mr. Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 27-03-2019 Heard learned counsel for the petitioners and State. The petitioners are in custody in connection with Jalalgarh P.S. Case No. 78 of 2017 for the offence under Sections 147, 148, 149, 341, 323, 380, 354, 436, 447, 448, 504, 506 and 120(B) of the Indian Penal Code.

It is alleged that petitioner no.2 was among the assailants, whereas petitioner no.1 was only the members of the mob.

Learned counsel for the petitioners submits that the petitioner no.1 is a lady and is in custody since 05.02.2019 and petitioner no.2 is in custody since 24.12.2018 and they have got no criminal antecedent. He further submits that there is land

Patna High Court CR. MISC. No.18519 of 2019(2) dt.27-03-2019 2/2 dispute between the parties and the informant and the petitioners are Gotia and door to door villagers. He further submits that husband of petitioner no.1 died on account of assault by Tir by husband of Purani Devi. He submits that the present case is counter blast of Jalalgarh P.S. case no. 48 of 2017. He submits that the occurrence took place on 17.05.2017, but the complaint case has been filed after 19 days i.e. on 06.06.2017. Considering the fact that petitioner no.1 is lady and is in custody since 05.02.2019 and petitioner no.2 is in custody since 24.12.2018 and they have got no criminal antecedent, the petitioners, named above, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Purnea in connection with Jalalgarh P.S. Case No. 78 of 2017.

(Anil Kumar Upadhyay, J) uday/- U T