Fuliya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40161 of 2020 Arising Out of PS. Case No.-63 Year-2020 Thana- JANDAHA District- Vaishali ====================================================== 1.

FULIYA DEVI W/o Dewan Manjhi R/o Village- Chak Abdul Wahid, Khopi, P.S.- Jandaha, Distt- Vaishali.

2.

Sumani Devi Wl/o Bhagat Manjhi R/o Village- Chak Abdul Wahid, Khopi, P.S.- Jandaha, Distt- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rina Sinha For the Opposite Party/s :

Mr. Umesh Lal Verma, APP For the informant : Mr. Awadhesh Prasad Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-03-2021 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered under Sections 147, 149, 323, 325, 337, 302 of the Indian Penal Code. Allegedly, all the accused persons attacked the informant's father by means of lathi-danda, farsa, piece of bricks and iron rod as a result of which, the informant's father sustained grievous injuries. When one Navin Kumar came to save the informant's father, he was also attacked as a result of which, he sustained injury. The informant's father was brought to hospital where he died in course of treatment. It has been submitted on behalf of the petitioners that

Patna High Court CR. MISC. No.40161 of 2020(3) dt.22-03-2021 2/3 the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. The petitioners are in custody since 22-05-2020. Charge sheet/Prosecution report in this case has already been submitted. Allegation is that the other co-accused assaulted the deceased with bricks. Petitioners are ladies. They are also said to have given iron rod blow and danda blow upon the deceased. As per postmortem report, only two lacerated wounds were found on the part of the deceased. Allegation of assault is against male accused along with these two ladies. The allegation made in the FIR does not corroborate with the postmortem report.

The petitioners have been made accused in the present case for oblique reason. There was land dispute going on between the parties. There is case and counter case between the parties. The injury on the side of accused persons has not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State and the informant, it has been submitted that the petitioners are named in the FIR. Considering the aforesaid facts and circumstances, let the petitioners above named be released on bail on furnishing

Patna High Court CR. MISC. No.40161 of 2020(3) dt.22-03-2021 3/3 bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Jandaha P.S. Case No. 63 of 2018.

(Sudhir Singh, J) A.K.V.//- U T