Ranjo Devi @ Rajjo @ Rajjo Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38598 of 2020 Arising Out of PS. Case No.-68 Year-2020 Thana- PIRPAINTI District- Bhagalpur ====================================================== RANJO DEVI @ RAJJO @ RAJJO DEVI, Wife of Amir Lal @ Amir Lal Yadav Resident of Village - Bakharpur Athaniya Tola, P.S. - Bakharpur, District - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ayush Kumar For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 07-07-2021 Heard Mr. Ranjeet Kumar, learned counsel for the petitioner and Ms. Indu Kumari Srivastava, learned APP for the State.

The petitioner seeks bail in anticipation of her arrest in connection with Pirpainty (Bakharpur) P. S. Case No. 68 of 2020, dated 02.04.2020, instituted for the offences under Sections 302 and 34 of the Indian Penal Code.

The accusation in the F.I.R. is that while the informant and his family members were at their house, his uncle, namely, Paras Yadav was seen erecting a hut.

2/4 When the father of the informant objected to such activity, the accused persons including the petitioner came to the house of the informant. Then co-accused Paras Yadav assaulted the father of the informant by means of a Lathi on his head. The younger brother of the informant was also assaulted. So far as the petitioner is concerned, she along with another is said to have pelted stones on the prosecution party.

The learned counsel for the petitioner has submitted that though the petitioner has been named in the F.I.R. with specific accusation of pelting stones on the prosecution party, but the main act of assault has been attributed to aforesaid Paras Yadav, who is the uncle of the informant and brother of the deceased. Apart from this, it has been submitted that the petitioner is the own aunt of the informant. Since the entire family members of Paras Yadav has been made accused in this case, therefore, the petitioner also has been named as one of them.

3/4 It has further been submitted that on the narration of events in the F.I.R., it would further appear that the house of the petitioner and another accused persons is contiguous to the house of the informant and there is a dispute with respect to demarcation of land in between the two families.

It has been informed by the learned counsel for the petitioner that aforesaid Paras Yadav, who is attributed with the main act of assaulting the deceased, is in custody.

Regard being had to the nature of accusation against the petitioner, the background facts and her gender, the petitioner, above-named, is directed to be released on bail, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt / production of a copy of this order, on her furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. -

4/4 XI, Bhagalpur, in connection with Pirpainty (Bakharpur) P. S. Case No. 68 of 2020 , subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T