Anita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25080 of 2024 Arising Out of PS. Case No.-192 Year-2023 Thana- CHACKMEHSI District- Samastipur ====================================================== 1.
Anita Devi W/O Satrudhan Ram R/O Village- Malinagar, P.S- Chakmehsi, Distt.- Samastipur.
2.
Satrudhan Ram @ Shatrudhan Ram S/O Late Mahendra Ram R/O VillageMalinagar, P.S- Chakmehsi, Distt.- Samastipur. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nafisu Zzoha, Adv.
For the Opposite Party/s :
Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 08-04-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are in custody in connection with Chakmehsi P.S Case No. 192 of 2023 from the Court of learned J.M. 1st, Class, Samastipur registered for the offences punishable under Sections 341, 323, 324, 307, 326, 354B, 379/34 of the I.P.C.
3. As per prosecution case, the informant has stated that she used to live alone and her husband is living outside and working. On 08.10.2023 at 11 A.M she was informed that the petitioners and other co-accused persons
Patna High Court CR. MISC. No.25080 of 2024(2) dt.08-04-2024 2/3 were cutting the trees of the informant and when she opposed she was assaulted and Acid was thrown on her.
4. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. It is next submitted that it is a matter of case and counter case between both the parties. It is also submitted that petitioners are in judicial custody since 10.01.2024.
5. However, learned APP for the State vehemently opposes the prayer for regular bail of the petitioners. There are criminal antecedents against the petitioners in para 3 of the petition.
6. In view of the allegation, it appears that the petitioners are husband and wife and they are directly involved in the alleged occurrence the petitioner no. 1 thrown acid on the informant due to which she sustained burned injury and petitioner no. 2 brutally assaulted on the chest of the lady informant by the means of leg and fist due to which she became unconscious and co-accused person also assaulted the informant by axe which is evident from injury report wherein it is stated that lacerated wound at temporal area of scalp and burn injury on lower abdomen
Patna High Court CR. MISC. No.25080 of 2024(2) dt.08-04-2024 3/3 and thigh area of the informant. Considering the above mentioned facts of the case, there is direct allegation against the petitioner no. 1 and petitioner no. 2 this Court is not inclined to grant bail to the petitioners.
7. Hence, the prayer for regular bail of the petitioners are hereby rejected by this Court. However, the trail court is directed to concluded the trial within a period of the one year from the copy of the receipt of this order. If the trial is not concluded within a stipulated period then petitioners may renew their prayer for bail before the trial court.
(Ramesh Chand Malviya, J) Mayank/- U T