Suji Devi @ Sukhi Devi @ Kiran Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18421 of 2020 Arising Out of PS. Case No.-284 Year-2019 Thana- NOORSARAI District- Nalanda ====================================================== SUJI DEVI @ SUKHI DEVI @ KIRAN DEVI (Female), aged about 36 years, W/o Satyendra Gope, R/o village- Ratanpura, P.S.- Noorsarai, DistrictNalanda. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Pravin Kumar, Advocate.
For the State :
Mr. Navin Kumar Pandey, A.P.P.
For the Informant : Mr. Ajay Singh, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-07-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State through Virtual mode.
The petitioner is apprehending her arrest in a case for the offence registered under Sections 147, 148, 149, 341,307, 302 and 504 of the I.P.C.
The prosecution story, in brief, is that on 20.09.2019 at about 10.45 hours, while the husband of the informant, namely, Sikandar Prasad, was near the Bridge situated near her
Patna High Court CR. MISC. No.18421 of 2020(2) dt.22-07-2021 2/3 house, co-accused Bhinu Devi, Akash Kumar and Niranjan Prasad came and started abusing him and on protest, they started assaulting him. It is further alleged that when the sons of the informant came to rescue, then other accused persons including the petitioner armed with Lathi and Danda came and started assaulting them and got the husband and son of the informant injured, due to which, husband of the informant died. The motive behind the occurrence is said to be earlier quarrel between the children.
It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is a lady. General and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Altogether 11 persons including the petitioner are named in the F.I.R. On behalf of the learned counsels for the State and the informant, it has been submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest or
Patna High Court CR. MISC. No.18421 of 2020(2) dt.22-07-2021 3/3 surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on her personal bond to the satisfaction of the learned C.J.M., Nalanda (Biharsharif), in connection with Noorsarai P.S. Case No. 284 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/-(Rupees Ten Thousand) only with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.
(Sudhir Singh, J) U.K./- U T