Budhani Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28188 of 2024 Arising Out of PS. Case No.-14 Year-2024 Thana- PURNAHYA District- Sheohar ====================================================== 1.
Budhani Devi W/o Munna Das R/o vill - Khairapahari, P.s. - Purnahiya, Distt. - Sheohar 2.
Jassi Devi W/o Chalittar Das R/o vill - Khairapahari, P.s. - Purnahiya, Distt. - Sheohar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dinesh Jha, Advocate For the Informant :
Mr.Devendra Kumar, Advocate For the Opposite Party/s :
Mr.Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-04-2024 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State.
2. The petitioners seek bail in connection with Purnahiya P.S. case No. 14 of 2024 instituted for the offences under Sections 302/34 of the Indian Penal Code.
3. Prosecution story, in short, is that accused persons Dipu Kumar, Munna Das, Madan Das and Chalittar Das assaulted the father of the informant by means of lathi-danda and strangulated his neck due to which he died. It is further alleged in the meantime, the petitioners came at the place of occurrence.
4. Learned counsel for the petitioners submitted that
Patna High Court CR. MISC. No.28188 of 2024(2) dt.18-04-2024 2/3 petitioners are ladies and have falsely been implicated in the present case. The specific allegation of assault is levelled against co-accused Dipu Kumar, Munna Das, Madan Das and Chalittar Das whereas no specific overt act is alleged against these petitioners. He further submitted that on perusal of the FIR, it appears that petitioners have got no role to play in the alleged occurrence, rather the petitioners were only mute spectators to the alleged occurrence, but due to previous enmity between the parties, they have falsely been implicated in this case. It has been submitted on behalf of the petitioners that the petitioners are in custody since 10.02.2024 and have no criminal antecedent.
5. Learned A.P.P. for the State and learned counsel for the informant have jointly opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances of the case, petitioners being lady with no direct allegation as also the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.28188 of 2024(2) dt.18-04-2024 3/3 below/concerned Court in connection with Purnahiya P.S. case No. 14 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T