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Patna High CourtCR. MISC./2212/2021bail granted

Tetari Devi v. The State Of Bihar

2021-04-09Mr. Justice Rajeev Ranjan Prasad4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.2212 of 2021 Arising Out of PS. Case No.-55 Year-2020 Thana- RANIYATALAB District- Patna ====================================================== 1.

Tetari Devi Wife of Bihari Paswan Resident of Village-Ghana,P.S-Rani Talab, District-Patna 2.

Malti Devi Wife of Satendra Paswan Resident of Village-Ghana,P.S-Rani Talab, District-Patna 3.

Lal Devi Wife of Jitendra Paswan Resident of Village-Ghana,P.S-Rani Talab, District-Patna 4.

Rinki Devi Wife of Nagendra Paswan Resident of Village-Ghana,P.S-Rani Talab, District-Patna ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Arvind Prasad Singh, Advocate For the Opposite Party/s :

Mr.Md. Arif, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 09-04-2021 Learned counsel for the petitioners undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioners and learned A.P.P. for the State.

Petitioners, in the present case, are seeking regular bail in connection with Rani Talab P.S. Case No. 55 of 2020 registered for the offences punishable under Section 147, 148, 149, 337, 338, 302, 504 and 506 of the Indian Penal Code. As per the prosecution story, the informant alleged that when she was at her home then Satendra Paswan was

2/4 coming towards south and started abusing Lalmuni Paswan, and on asking, Satendra Paswan assaulted him with slaps, thereafter on hulla, husband of the informant came to mediate. Further the informant alleged that rest of the family members of Satendra Paswan had started throwing bricks, danda, rod, thereafter, one Shiv Bachan received injury on head and taken to hospital where he declared dead.

Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. Learned counsel submits that there was no quarrel between the family of the petitioners and that of the informant and the alleged quarrel has taken place between Lalmuni Paswan and Satendra Paswan and petitioners are in custody since 07.03.2020 having no criminal antecedent.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioners.

Having regard to the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioners that in fact there was no quarrel between the family of the petitioners and that of the informant and the alleged quarrel has taken place between Lalmuni Paswan and Satendra Paswan as they were abusing to each other, so far as these

3/4 petitioners are concerned, they have been falsely implicated on the strength of a general and omnibus kind of allegations and they have already remained in jail in connection with the present case since 07.03.2020, investigation against them is complete and considering the nature of the dispute no intention may be attributed to these petitioners, there being no submission on behalf of the State that the release of the petitioners at this stage is in any way likely to result in tampering with the evidence or interfering with the course of trial, let the petitioner above named be released on bail on furnishing of bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) each with two sureties of the like amount each to the satisfaction of Sri P.K. Malviye, learned Judicial Magistrate, 1st, Danapur, in connection with Rani Talab P.S.

Case No. 55 of 2020, subject to the condition as laid down under Section 437 (3) Cr.P.C.

4/4 acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajeev Ranjan Prasad, J) Rajeev/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.