Pramila Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.848 of 2021 Arising Out of PS. Case No.-255 Year-2020 Thana- JAYNAGAR District- Madhubani ====================================================== 1.
PRAMILA DEVI W/o Shri Rajkumar Das Resident of Village - Balua Tola, P.S.- Jayanagar, Distt.- Madhubani.
2.
LALITA DEVI W/o Shri Rajkishore Das Resident of Village - Balua Tola, P.S.- Jayanagar, Distt.- Madhubani.
3.
BITTU DAS @ AMAN KUMAR DAS Son of Shri Rajkishore Das Resident of Village - Balua Tola, P.S.- Jayanagar, Distt.- Madhubani. 4.
GONU DAS @ GOLU @ GAGAN KUMAR @ GONU Son of Shri Rajkumar Das Resident of Village - Balua Tola, P.S.- Jayanagar, Distt.- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs.Vaishnavi Singh For the Opposite Party/s :
Mr. Nityanand Tiwary, APP For the Informant :
Mr. Gagandeo Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-07-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.
Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.
The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 341, 323, 324, 307, 302 of the Indian Penal Code.
The prosecution allegation, in short, is that on issue of construction, the accused persons came and assaulted the father
Patna High Court CR. MISC. No.848 of 2021(2) dt.19-07-2021 2/3 of the informant. The informant came in rescue and he was also assaulted by them. The father of the informant later succumbed to the injuries.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. The petitioner nos. 1 and 2 are ladies. From perusal of post-mortem report (Annexure-4), it is evident that there is one external injury on the body of the deceased. The allegations made in the F.I.R. do not corroborate with the postmortem report. On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances and also the lockdown, the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of learned S.D.J.M., Madhubani in connection with Jaynagar P.S. Case No. 255 of
Patna High Court CR. MISC. No.848 of 2021(2) dt.19-07-2021 3/3 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.
(Sudhir Singh, J) Pankaj/- U T