Poonam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46264 of 2021 Arising Out of PS. Case No.-21 Year-2020 Thana- BIRAUL District- Darbhanga ====================================================== 1.

Poonam Devi W/O Kirender Chaudhary @ Kirendu Choudhary R/O Village-Manikpur, P.O-Shahari (Saho), P.S-Biraul, District-Darbhanga. 2.

Raj Kumari Devi W/O Sharwan Choudhary R/O Village-Manikpur, P.OShahari (Saho), P.S-Biraul, District-Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Jha For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-04-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 302, 34 of the Indian Penal Code.

The prosecution case as per F.I.R is that all the

Patna High Court CR. MISC. No.46264 of 2021(3) dt.20-04-2022 2/3 F.I.R named accused persons including the petitioners armed with iron rod, Tengari, lathi and danda surrounded the father of the informant and started abusing and when he opposed they assaulted him causing injuries. The father of the informant was thereafter taken to the hospital where he succumbed to the injuries during treatment.

It is submitted by learned counsel for the petitioners that there is general and omnibus allegation against the petitioners and in the background of some land dispute, the occurrence took place. It is further submitted that before filing of the present F.I.R, the informant and others including the deceased were made accused by the petitioners under Sections 341, 323, 307, 504/34 of the Indian Penal Code wherein the petitioners' side received grievous injuries. Moreover the statement of the deceased was recorded on 08.01.2020 wherein he specifically named Ram Dular Chaudhary who has assaulted him by means of iron rod due to

Patna High Court CR. MISC. No.46264 of 2021(3) dt.20-04-2022 3/3 which he received injuries. The petitioners are ladies having no criminal antecedents.

In the facts and circumstance of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Biraul, Darbhanga in connection with Biraul P.S. Case No. 21 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Shageer/- U T