Umlesh Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49801 of 2019 Arising Out of PS. Case No.-877 Year-2018 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== 1.

UMLESH DEVI Wife of Late Gauri Shankar Sah Resident of VillagePatahi Hari, Post- Patahi, P.S.- Sadar, District- Muzaffarpur, Bihar. 2.

Sudha Devi Wife of Mohan Sah Resident of Village- Patahi Hari, PostPatahi, P.S.- Sadar, District- Muzaffarpur, Bihar. 3.

Sushila Devi Wife of Pankaj Sah Resident of Village- Patahi Hari, PostPatahi, P.S.- Sadar, District- Muzaffarpur, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Singh For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 25-10-2019 Heard learned counsel for the petitioners, learned counsel for the informant and the learned A.P.P. for the State. The petitioners apprehend their arrest in a case initially registered for the offences punishable under Section 324 and 307 of the Indian Penal Code and subsequently added with Section 302 of the Indian Penal Code .

F.I.R. named accused namely Suraj Kumar assaulted on the head of the father of the informant by means of sword. His father was rushed to the hospital but he

Patna High Court CR. MISC. No.49801 of 2019(3) dt.25-10-2019 2/3 succumbed to the injury during course of treatment. It is submitted by learned counsel for the petitioners that the petitioners are not named in the F.I.R. Only allegation in the F.I.R. is against Suraj Kumar and the petitioners have been made accused in this case on the basis of further statement of the informant merely because they happen to be the mother, aunt and cousin sister-in-law of said Suraj Kumar. Moreover, only allegation against the petitioner in further statement of the informant is that they indulged into scuffling and slated the deceased in the name of his caste at the time of occurrence. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. All the petitioners are lady. They do not happen to be the assailants. The petitioners have no criminal antecedent. Learned counsel for the informant and learned APP for the State opposed the bail petition.

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 six weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M.,

Patna High Court CR. MISC. No.49801 of 2019(3) dt.25-10-2019 3/3 Muzaffarpur in connection with Sadar P.S. Case No. 877 of 2018, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) amit/- U T