Sabita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40605 of 2020 Arising Out of PS. Case No.-48 Year-2020 Thana- PIRPAINTI District- Bhagalpur ====================================================== 1.

SABITA DEVI W/o Peru Yadav R/o village- Parasbanna, P.S.- Pirpainti, District- Bhagalpur 2.

FUL KUMARI DEVI @ FUL KUMARI W/o Binodi Yadav R/o villageParasbanna, P.S.- Pirpainti, District- Bhagalpur ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Tarun Prasad Mandal For the Opposite Party/s :

Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-07-2021 As prayed for, let the learned counsel appearing for the petitioners remove the defect(s), as pointed out by the office vide its notes dated 26.12.2020, within four weeks of starting of Court proceeding in physical mode in normal course. Heard learned counsel for the petitioners and the learned A.P.P. for the State through video conferencing. The petitioners apprehend their arrest in connection with Pirpainti P.S. Case no. 48 of 2020, registered under Sections 147, 149, 341, 323, 307, 379 and 506 of the Indian Penal Code.

The accusation is that in the evening of 27.02.2020, informant Manoj Yadav was at his door, at that time, he received call from his driver Deepak Kumar Yadav, who asked him to come at Parasbanna hotel for accounting. Thereafter, informant reached at Parasbanna hotel, where six

Patna High Court CR. MISC. No.40605 of 2020(2) dt.27-07-2021 2/2 persons named in the F.I.R., including both petitioners, caught his collar and started to cause assault. At that time, Binodi Yadav snatched cash of Rs.25,000/- from his pocket. At that time, Peru Yadav gave iron rod blow at his head due to which he fell down. Thereafter, all asked him to withdraw Pirpainti P.S. Case No. 215 of 2019 and also vacate land on which Bhagawati Asthan is situated otherwise, his son will be killed. Learned counsel for the petitioners submits that both the petitioners are ladies and they have falsely been implicated in this case. Further submission is that no specific overt act has been attributed against them.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M-XI, Bhagalpur in connection with Pirpainti P.S. Case No.48 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T