Dhanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18366 of 2024 Arising Out of PS. Case No.-559 Year-2023 Thana- ISLAMPUR District- Nalanda ====================================================== 1.

Dhanti Devi W/O- Soni Ravidas R/O- Village- Kasturi Bigha, P.S.- Islampur, Dist.- Nalanda.

2.

Chinta Devi W/O- Shrawan Ravidas R/O- Village- Kasturi Bigha, P.S.- Islampur, Dist.- Nalanda.

... ... Petitioner/s

Versus

The State Of Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar Singh, Advocate For the Opposite Party/s :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 15-04-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with Islampur P.S. Case No. 559 of 2023 dated 05.10.2023, instituted for the offence punishable under Sections 341, 323, 325, 307, 504/34 of the Indian Penal Code. Later on Section 302 of the I.P.C. has been added in this case.

3. The prosecution case, in short, is that on the date of occurrence at about 5 pm there was altercation between the informant's daughter-in-law and her neighbour and this altercation escalated into abuse and then into fight. Seeing the fight, the people from neighbourhood went to stop the fight but the accused, namely, Navelesh Ravidas hit informant's daughterin-law on her head with a bamboo due to which she started

Patna High Court CR. MISC. No.18366 of 2024(2) dt.15-04-2024 2/2 bleeding profusely and the accused persons fled away from the spot. During the course of treatment, she died.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is submitted that there is specific allegation against co-accused Navlesh Ravidas, who assaulted on the head of the deceased, namely, Mamta Devi. There is no specific allegation of assault against the petitioners. Lastly, it has been submitted that the petitioners are lady having no criminal antecedent.

5. Learned A.P.P. has opposed the prayer for bail of the petitioners.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners in connection with Islampur P.S. Case No. 559 of 2023, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Hilsa, Nalanda, subject to condition as laid down under Section 438(2) of the Cr.P.C.. (Khatim Reza, J) prabhat/- U T