Guriya Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29337 of 2021 Arising Out of PS. Case No.-104 Year-2020 Thana- KARAI PARSURAI District- Nalanda ====================================================== GURIYA DEVI W/O PAWAN KUMAR R/o village- Neshra, P.S.- Karai Parsurai, District- Nalanda ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 30467 of 2021 Arising Out of PS. Case No.-104 Year-2020 Thana- KARAI PARSURAI District- Nalanda ====================================================== BABITA KUMARI W/O BABLOO KUMAR R/o village- Neshra, P.S.- Karaiparsurai, District- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 29337 of 2021) For the Petitioner/s :
Mr.Anil Kumar Singh For the Opposite Party/s :
Mr.APP (In CRIMINAL MISCELLANEOUS No. 30467 of 2021) For the Petitioner/s :
Mr.Rudra Deo For the Opposite Party/s :
Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-03-2022 Both the criminal miscellaneous applications are of the same occurrence and, as such, have been heard together and are being disposed of by this common order.
Heard learned counsel for the petitioners and learned APP for the State.
The instant application for anticipatory bail has been
Patna High Court CR. MISC. No.29337 of 2021(3) dt.08-03-2022 2/3 filed by the petitioners apprehending their arrest in connection with Karai Parsurai P.S. Case no. 104 of 2020 instituted for the offence punishable under Sections 147, 148, 149, 115, 120(B), 341, 323, 504, 506, 447 and 302 of the Indian Penal Code. As per allegation in the FIR, twenty accused persons including the petitioners have assaulted the informant and his family members. Babloo Gope, Rattan Gope, Ranjan Gope, Kunal Gope, Tarun Gope and Pawan Gope armed with Gun, pistol and other accused persons armed with lathi and danda, chased the husband of the informant and Babloo Gope resorted to firing causing injury on his chest and he died. Learned counsel appearing on behalf of the petitioners has submitted that petitioner is innocent and has committed no offence.
General and omnibus allegation have been levelled against the petitioners. Specific allegation of giving gun shot is against co-accused Babloo Gope. Petitioner Babita Kumari is a pregnant lady of five months. Entire family members of the petitioners have been implicated in this case including the female members.
Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and in
Patna High Court CR. MISC. No.29337 of 2021(3) dt.08-03-2022 3/3 the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. Both the petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Karai Parsurai P.S. Case no. 104 of 2020, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, Nalanda subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U