Raj Kumari Devi @ Kumari Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21361 of 2024 Arising Out of PS. Case No.-213 Year-2023 Thana- PANDARAK District- Patna ====================================================== 1.
Raj Kumari Devi @ Kumari Devi Wife of Shiv Balak Rai @ Shiv Balak Yadav Resident of vill.-Kondi, P.S.-Pandarak, Distt.-Patna 2.
Pinku Devi @ Rinku Devi Wife of Tamatar Yadav Resident of vill.-Kondi, P.S.-Pandarak, Distt.-Patna 3.
Jayrani Devi D/O of Shiv Balak Rai @ Shiv Balak Yadav Resident of vill.- Kondi, P.S.-Pandarak, Distt.-Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sudish Kumar, Advocate For the Opposite Party/s :
Mr. Nand Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-07-2024 Heard learned counsel for the petitioners and the State.
2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 323, 302/34 of the Indian Penal Code.
3. As per the prosecution case, on 17.07.2023 at about 7 AM, all the F.I.R. named accused persons including these petitioners entered into the house of the informant and assaulted gotini of the informant as a result of which she died on the way to the hospital.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.21361 of 2024(4) dt.02-07-2024 2/2 informant is not an eye witness of the occurrence and on the alleged date of occurrence she was in her maika. Petitioners have been made accused merely on suspicion. It is further submitted that though there is allegation of assault by these petitioners but in the post-mortem report doctor has found no external injury over the body of the deceased. Petitioners are ladies and claim clean antecedent.
5. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Barh, Patna in connection with Pandarak P. S. Case No. 213 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T