Bhagiya Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61030 of 2017 Arising Out of PS. Case No.-235 Year-2017 Thana- SAHEBGANJ District- Muzaffarpur ======================================================

1. Bhagiya Devi, wife of Bhannu Ram @ Jai Mangal Ram

2. Kunti Devi, wife of Ramdeni Ram

3. Sanju Devi, daughter of Bhannu Ram @ Jai Mangal Ram All resident of village-Balthi Raisi, P.S. Sahebganj, District-Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nachiketa Jha For the State :

SMT SANGEETA SHARMA For the informant : Arun Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-02-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Sahebganj P.S. Case No. 235 of 2017 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307 and 302 of the Indian Penal Code. The allegation of the prosecution is regarding the accused persons including the petitioners herein assaulting the prosecution side resulting in death of one of the members of the prosecution side.

The learned counsel for the petitioners submits that specific allegation of assault is against the co-accused Ramdeni Ram and Mannu Ram and as far as the present three lady

Patna High Court Cr.Misc. No.61030 of 2017(2) dt.02-02-2018 2/2 petitioners are concerned, they are said to have assaulted by means of lathi on the person of the prosecution side. It is further submitted that the petitioners are female members of the accused side and there is no allegation of any sort of specific overt act against them.

Having regard to the facts and circumstances of the case, more particularly the fact that the other co-accused persons, who are not the petitioners herein are said to be the main assailant resulting in death of the deceased, I deem it fit and proper to admit the petitioners herein to the privilege of anticipatory bail, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.c.J.M. 1st (West), Muzaffarpur in connection with Sahebganj P.S. Case No. 235 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T