Shanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37735 of 2024 Arising Out of PS. Case No.-273 Year-2023 Thana- JADIA District- Supaul ====================================================== 1.

Shanti Devi Wife of Bindeshwari Mehta Resident of Village- Fulkaha, P.S.- Jadia, Distt. - Supaul.

2.

Punam Devi @ Punam Kumari Wife of Bhupendra Kumar Mehta Resident of Village- Fulkaha, P.S.- Jadia, Distt. - Supaul. 3.

Mamta Devi Wife of Ramjee Mehta Resident of Village- Fulkaha, P.S.- Jadia, Distt. - Supaul.

4.

Meera Devi Wife of Binod Mehta Resident of Village- Fulkaha, P.S.- Jadia, Distt. - Supaul.

5.

Kiran Devi Wife of Subodh Mehta Resident of Village- Fulkaha, P.S.- Jadia, Distt. - Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prafull Chandra Thakur, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 31-07-2024 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Jadia P.S. Case No. 273 of 2023 instituted for the offence under Sections 147, 148, 149, 302, 354, 504 & 506 of the Indian Penal Code.

3.

Prosecution case in short is that while the informant was coming with her husband, all the FIR named accused persons assaulted the husband of the informant by

Patna High Court CR. MISC. No.37735 of 2024(3) dt.31-07-2024 2/3 means of lathi, fatta, iron rod, leading to his death. 4.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 03-11-2023. Petitioner No.1 bear one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application, while petitioner Nos. 2, 3, 4 & 5 have clean antecedent.

5.

It has been further submitted by the petitioners' counsel that petitioners have been falsely implicated in the present case. There is no specific allegation against the petitioner, rather allegation is general and omnibus in nature. It is submitted that due to previous land dispute against the petitioners, the whole member of the family have been implicated in this case. It is submitted that from perusal of the postmortem report, it appears husband of the victim has died due to heart attack and no external injury was found on the body of the deceased, which falsify the prosecution version. There is no eye witness to the occurrence. It is lastly submitted that charge sheet has been submitted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioners, there being no

Patna High Court CR. MISC. No.37735 of 2024(3) dt.31-07-2024 3/3 direct allegation against the petitioners and charge sheet being submitted, this Court is inclined to grant bail to the petitioners. 8.

Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Jadia P.S. Case No. 273 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T