Dulava Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25238 of 2020 Arising Out of PS. Case No.-299 Year-2019 Thana- NARDIGANJ District- Nawada ====================================================== 1.

DULAVA DEVI wife of Gore Choudhary Resident of Village - Pesh, P.S. - Nardiganj, District - Nawada.

2.

Neelam Devi Wife of Rakesh Choudhary Resident of Village - Pesh, P.S. - Nardiganj, District - Nawada.

3.

Manjeeta Devi @ Manjita Kumari Wife of Pintu Choudhary Resident of Village - Pesh, P.S. - Nardiganj, District - Nawada. 4.

Kajal Devi @ Kajal Kumari Wife of Sintu Choudhary Resident of Village - Pesh, P.S. - Nardiganj, District - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Sinha, Advocate For the Opposite Party/s :

Ms. Indu Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 23-11-2020 Heard learned counsel for the petitioners and learned APP for the State through video conference. Learned counsel for the petitioners undertakes that all defects pointed out by the Stamp Reporter shall be removed, and compliance with the conditions of the notices of this Court with regard to acceptance of e-filing shall be made, without delay immediately upon resumption of normal physical functioning of the Court, and in any event within one month thereof.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 307, 337, 379, 504/34 of the Indian Penal Code registered in connection with Nardiganj P.S. Case No. 229 of 2019.

3. It is submitted that the petitioners have been falsely implicated in connection with assault on the informant's husband by the accused persons including the petitioners,

Patna High Court CR. MISC. No.25238 of 2020(3) dt.23-11-2020 2/2 whereas Section 302 IPC has been added about a month thereafter after the victim died. It is submitted that the thrust of accusation of assault is against other co-accused persons. The petitioners are not said to have been armed rather allegation is of brick-batting by them. No specific injury is attributed to the petitioners, all of whom are ladies claiming clean antecedents.

4. Learned APP appears and has been heard.

5. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of Smt. Sangeeta Kumari, learned J.M.Ist Class, Nawada in connection with Nardiganj P.S. Case No. 229 of 2019, subject to the conditions as laid down under Section 438

(2) Cr.P.C. if they are not otherwise required in any other case.

6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) Chandran/- U T