Ranju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5055 of 2021 Arising Out of PS. Case No.-210 Year-2020 Thana- GAURICHAK District- Patna ====================================================== 1.

RANJU DEVI W/o Sri Braj Bhushan Singh Resident of Village- Hander, P.S.- Gaurichak, District- Patna.

2.

Rupa Kumari D/o Shri Braj Bhushan Singh Resident of Village- Hander, P.S.- Gaurichak, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Thakur, Adv.

For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP For the Informant :

Mr. Tej Narayan Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 25-10-2021 Heard Mr. Ajay Kumar Thakur, the learned counsel for the petitioner and Mr. Tej Narayan Singh, the learned counsel for the informant. The State is represented by Mr. R.B. Roy Raman, learned APP.

The petitioners seek bail in anticipation of their arrest in connection with Gaurichak P.S. Case No. 210 of 2020 instituted for the offence under Sections 448, 504, 506, 302, 120(B)/34 of the Indian Penal Code. The accusation against the petitioners is of having caught hold of the brother of the informant (deceased) whereupon one Shashibhushan Singh is said to have fired

Patna High Court CR. MISC. No.5055 of 2021(3) dt.25-10-2021 2/3 from his weapon killing him.

The learned counsel for the petitioners has though submitted many points in his favour including that the F.I.R. is ante-dated, after consultation, but the fact remains that the accusation does not inspire confidence for the reason that in cases of gunshot murders, it is not expected of other persons to catch hold of the target, lest they might also receive injuries. Apart from this, it has been submitted that there is a land dispute between the parties and in a flash of temper, Shashibhushan Singh, a neighbour of the informant is said to have opened fire leading to the death of the deceased. The dispute arose because of the resurrection of the building lying contiguous to the building of the informant and Shashibhushan Singh.

The petitioner no. 2 is a student prosecuting her post graduation studies and the petitioner no. 1 is a house lady.

By order dated 10.09.2021, this Court had called for the case diary and had granted provisional bail to the petitioner no. 2.

Patna High Court CR. MISC. No.5055 of 2021(3) dt.25-10-2021 3/3 Regard being had to the afore-stated facts, the provisional bail granted to the petitioner no. 2 is hereby confirmed. She shall remain on the same bail bonds. So far as the petitioner no. 1 is concerned, she is directed to be released on bail, in the event of her arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -VI, Patna, in connection with Gaurichak P.S. Case No. 210 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) sunilkumar/- U T