Pano Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36139 of 2021 Arising Out of PS. Case No.-135 Year-2020 Thana- BARHAT District- Jamui ====================================================== PANO DEVI W/O NAND KISHORE MURMU R/o village- Bhurkunda, P.S.- Barhat, District- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 34265 of 2021 Arising Out of PS. Case No.-135 Year-2020 Thana- BARHAT District- Jamui ====================================================== MUNNA MURMU Son of Nand Kishore Murmu Resident of Village - Bhurkunda, P.S.- Barhat, Distt.- Jamui.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 36139 of 2021) For the Petitioner/s :
Mr. Amrendra Kumar, Adv.
For the Opposite Party/s :
Mr. Umesh Lal Verma, APP (In CRIMINAL MISCELLANEOUS No. 34265 of 2021) For the Petitioner/s :
Mr. Amrendra Kumar, Adv For the Opposite Party/s :
Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 31-03-2022 Heard Mr. Amrendra Kumar, learned counsel for the petitioners and Mr. Umesh Lal Verma, learned Additional Public Prosecutor for the State in both the aforesaid bail applications. Petitioners seek regular bail in connection with Barhat PS Case No. 135/2020 registered for the offence punishable under Sections 302/34 of the IPC.
Patna High Court CR. MISC. No.36139 of 2021(3) dt.31-03-2022 2/3 As per First Information Report lodged by the informant that her sister was married in the village, Bhurkunda under Jhajha Police Station and she was having regular quarrel with one Munna Murmu and Pano Devi, i.e., the petitioners and on the date of occurrence i.e., dated 16.10.2020, both the petitioners came to the house of sister of informant and assaulted her by means to Lathi and Danda due to which she died and in the morning the dead body of the informant's sister was found lying in her house having external injuires. Learned counsel for the petitioners submits that the petitioners have been implicated in this case on the basis of suspicion only and both the petitioners and informant's sister are co-villagers and agnates.
He further submits that the Punchnama was executed between the informant and the accused persons including the petitioners in presence of covillagers and the Punches. It has been said by the informant that the cause of death of deceased is due to illness and the fact that she had fallen down upon the ground and sustained injuries.
Patna High Court CR. MISC. No.36139 of 2021(3) dt.31-03-2022 3/3 found dead in her house and the doctor has found external injuries on the body of the deceased having blood oozing out from her mouth, from her nostril, tongue protruded and a bruise on the left side of face and the cause of death due to above injuries.
Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that during course of investigation, prima facie, material has come against the petitioners and they were having regular quarrel with the deceased, the postmortem suggests multiple external injuries on the body of the deceased and this Court, prima facie, is of the opinion that the petitioners pressurized the informant and other and got the Punchnama executed disclosing the cause of death due to illness, I am not inclined to grant regular bail to the petitioners. The same is, accordingly, dismissed.
Let the trial be expedited.
(Anil Kumar Sinha, J) perwez U T