Guriya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19941 of 2020 Arising Out of PS. Case No.-256 Year-2019 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.

GURIYA DEVI W/o Arun Sahani Resident of Village - Sirsa, P.S.- Mufassil, Distt.- East Champaran, Motihari.

2.

Kalawati Devi W/o Manoj Sahani Resident of Village - Sirsa, P.S.- Mufassil, Distt.- East Champaran, Motihari.

3.

Chanda Devi W/o Sikandar Sahani Resident of Village - Sirsa, P.S.- Mufassil, Distt.- East Champaran, Motihari.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr. Md. Mufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-08-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks from the date of lifting of the lockdown in the State of Bihar.

Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case

Patna High Court CR. MISC. No.19941 of 2020(2) dt.19-08-2020 2/3 registered under Sections 147, 148, 149, 307, 302 and 504 of the Indian Penal Code.

The prosecution case, in short, is that while the informant along with her husband was at the door, the accused persons, variously armed, came and assaulted his husband due to which he died. The family members came in rescue were also assaulted.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners are ladies. Due to property dispute, they have been made accused in the present case. No specific injury is attributed against them. General and omnibus allegation has been made against the petitioners. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioners above named, in the event of arrest or surrender before the learned Court below within a period of eight weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection

Patna High Court CR. MISC. No.19941 of 2020(2) dt.19-08-2020 3/3 with Mufassil P.S. Case No. 256/2019, G.R. Case No. 4216/19, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each within a period of seven weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T