Mira Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58888 of 2021 Arising Out of PS. Case No.-222 Year-2021 Thana- RIVILGANJ District- Saran ====================================================== 1.
Mira Devi S/O Late Harehar Rai R/O Village- Azmerganj, P.S.- Revilganj, District- Saran At Chapra 2.
Suman Devi D/O Harehar Rai R/O Village- Azmerganj, P.S.- Revilganj, District- Saran At Chapra 3.
Sabita Devi W/O Abhimenyu Rai R/O Village- Azmerganj, P.S.- Revilganj, District- Saran At Chapra 4.
Sanju Devi W/O Raju Rai R/O Village- Azmerganj, P.S.- Revilganj, DistrictSaran At Chapra ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Kumar Yadav For the Opposite Party/s :
Mr. Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-07-2022 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 341, 323, 504, 324, 307, 379 and 34 of the Indian Penal Code. The learned counsel for the petitioners submits that the petitioner no.1 has antecedent of one case, which was instituted by the side of the informant and petitioner nos.2, 3 and 4 are women and they are persons with clean antecedent and the informant alleges that on 21.06.2021 at 5.30 P.M., all
Patna High Court CR. MISC. No.58888 of 2021(2) dt.12-07-2022 2/3 the accused persons including the petitioners variously armed came and Raju Rai started hurling abuses and assaulted the informant with farsa causing injury on his head and when family members of the informant came to save her, those accused persons again attacked them and Raju Rai assaulted the son of the informant with Daab causing injury on his head and in left hand and shoulder. Thereafter, Abhimanyu Rai assaulted with farsa on head and right hand of the son of the informant Ranjan Rai. Thereafter, it is alleged that all the accused started assaulting when the injured fell down and Mina Devi snatched mangalsutra of gold from the neck of the informant. The learned counsel for the petitioners submits that from bare perusal of the allegation as alleged in the F.I.R.
, it would manifest that no specific overt act has been alleged against the petitioner and the allegations against the petitioners are general and omnibus in nature. As far as snatching of gold chain is concerned, the same is ornamental to give a serious colour to the case. It is next submitted that all the petitioners are women and are related to Raju Rai, as such, they have been falsely implicated in the present case.
Learned A.P.P. opposes the bail application.
Considering the submissions made by the learned
Patna High Court CR. MISC. No.58888 of 2021(2) dt.12-07-2022 3/3 counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Rivilganj P. S. Case No.222 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
The application stands allowed.
(Satyavrat Verma, J) vikash/- U T