Jaya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43077 of 2024 Arising Out of PS. Case No.-685 Year-2022 Thana- SAUR BAZAR District- Saharsa ====================================================== 1.

Jaya Devi W/o- Anil Paswan Village- Bhaddi W.No-20, Ps- Sour Bazar DistSaharsa 2.

Gunjan Devi @ Kundan Devi wif of Mithilesh Paswan Village- Bhaddi W.No-20, Ps- Sour Bazar Dist- Saharsa 3.

Anil Paswan son of Late Vishwanath Paswan Village- Bhaddi W.No-20, PsSour Bazar Dist- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisu Zzoha For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 15-07-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioners seek bail in connection with Sour Bazar (Patarghat O.P.) P.S. Case No.685 of 2022 registered for the offence under Sections 147, 148, 149, 341, 323, 302 of the Indian Penal Code.

3.

Allegation against the petitioners along with other co-accused persons is to have demanded Rs. 1000/- for drinking liquor from son of the informant and on refusal they snatched mobile and pushed him down to the culvert and then reached down with a stick and beaten

Patna High Court CR. MISC. No.43077 of 2024(2) dt.15-07-2024 2/3 badly, thereafter, son of the informant got unconscious state, where, during course of treatment, son of the informant died.

4.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners have falsely been implicated in the present case. It is submitted that general and omnibus allegation has been leveled against this petitioners and no specific allegation is levelled against this petitioners. It is submitted that it appears from perusal of postmortem report that no any external injuries seen and cause of death cannot be ascertained at present, the viscera are preserved and send for forensic lab. It is further submitted that petitioners are in custody since 13.02.2024 and petitioners have got clean antecedent.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioners. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioners and considering the version of FIR as well as postmortem report, let the petitioners, above named, is directed to be released on bail in connection with Sour Bazar (Patarghat

Patna High Court CR. MISC. No.43077 of 2024(2) dt.15-07-2024 3/3 O.P.) P.S. Case No.685 of 2022 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Saharsa.

(Ramesh Chand Malviya, J) Mayank/- U T