Anita Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.60895 of 2017 Arising Out of PS.Case No. -104 Year- 2017 Thana -MOHIUDDIN NAGAR DistrictSAMASTIPUR ======================================================
1. Anita Devi, Wife of Jittu Sharma.
2. Rubi Devi, Wifeof Dharmveer Sharma. Both Resident of VillageManiyar, P.S.-Mohiuddin Nagar, District- Samastipur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Mr. Sri Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-01-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.
This is an application for grant of anticipatory bail in connection with Mohiuddin Nagar P.S. Case No. 104 of 2017 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 354, 504, 506 and 302 of the Indian Penal Code.
The allegation against the accused persons is regarding assaulting the prosecution side causing grievous injury on the person of the brother of the informant resulting in his death. The learned counsel for the petitioners submits that the petitioners are lady members and are pardanasin ladies, hence,
Patna High Court Cr.Misc. No.60895 of 2017 (3) dt.16-01-2018 2/3 there was no occasion for the petitioners to have been present at the place of occurrence. It is further submitted that the allegations are general and omnibus in nature against all the accused persons. It is also submitted that the co-accused persons, namely, Ram Nath Sharma and Praveen Sharma @ Praveen Kumar Sharma have been granted regular bail by this Court by an order dated 02.01.2018 passed in Criminal Micellaneous No. 54452 of 2017. The learned counsel for the informant submits that from perusal of the case diary, it would appear that the witnesses have stated that all the accused persons have assaulted the deceased resulting in multiple injuries on the person of the deceased, which is also corroborated from the post mortem report.
Having regard to the facts and circumstances of the case, I find that the present case is not fit for grant of anticipatory bail, especially, in view of the fact that multiple injuries have been found on the person of the deceased and all the accused persons have been stated to have inflicted the same.
Accordingly, the prayer of the petitioner for grant of anticipatory bail is rejected.
However, it is directed that in case, the petitioner surrenders before the concerned court, their applications for regular bail shall be considered on the same day considering the
Patna High Court Cr.Misc. No.60895 of 2017 (3) dt.16-01-2018 3/3 fact that two co-accused persons have been granted regular bail by this Court.
(Mohit Kumar Shah, J) ajay gupta/- U T