Pushpa Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26119 of 2020 Arising Out of PS. Case No.-137 Year-2019 Thana- BANGAWON District- Saharsa ====================================================== 1.
PUSHPA DEVI W/o Chander Yadav @ Chandra Yadav @ Chandra Kishor Yadav Resident of Village-Balha, P.S.-Bangaon, District-Saharsa. 2.
Kiran Devi W/o Chander Yadav @ Chandra Yadav @ Chandra Kishor Yadav Resident of Village-Balha, P.S.-Bangaon, District-Saharsa. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhaskar Shankar, Adv For the State :
Mr. Pramod Mishra, APP For the Opposite party :
Mr. Suraj Kumar, Adv ====================================================== (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-10-2020 Heard learned counsel for the parties.
Petitioners apprehend their arrest in a case registered for the offence punishable under Sections 307, 379, 147, 341, 323, 324 and 504 of the Indian Penal Code and Section 27 of the Arms Act.
Informant in his written complaint has alleged that on 03.12.2019 at about 4:00 pm petitioners along with FIR named accused came to his house armed with weapons and started abusing and Chander Yadav ordered to kill his brother namely Kari Yadav whereafter co-accused Sonu Kumar fired which hit on the left side of his brother's chest and thereafter second firing
Patna High Court CR. MISC. No.26119 of 2020(2) dt.21-10-2020 2/3 was also made on his brother on account of which his brother fell down. Thereafter co-accused Ranjeet Kumar assaulted him with farsa on right thigh, co-accused Sunil Kumar assaulted him with Kulhari on his right feet and other accused assaulted him with lathi. Informant and his bhabhi namely Chandrakala Devi came to rescue his brother whereafter they were also assaulted and co-accused Pushpa Devi snatched golden chain of Chandrakala Devi and co accused Kiran Devi snatched her earring.
It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case due to animosity. Occurrence is of 03.12.2019 whereas FIR was lodged on 07.12.2019 which shows that there is delay of about 5 days in lodging the FIR. There is no injury report on record to show that the brother of the Informant sustained injuries. Petitioners have got no criminal antecedent.
Learned counsel for the Informant vehemently opposes the prayer for bail.
Considering the aforesaid facts and circumstances of the case and the fact that petitioners are ladies, let the petitioners named above be released on anticipatory bail in the event of their arrest or surrender before the court below within a period
Patna High Court CR. MISC. No.26119 of 2020(2) dt.21-10-2020 3/3 of four weeks from today upon furnishing bail bonds of Rs. 20,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Bangaon P.S. Case No. 137 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C. (S. Kumar, J) ranjan/- U