Phulo Devi @ Phul Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56371 of 2024 Arising Out of PS. Case No.-224 Year-2024 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== Phulo Devi @ Phul Devi W/O Lal Bihari Sah R/O Ward No. 28, J.P. Colony P.S.- Madhubani (town), Distt.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratnakar Jha, Advocate For the Opposite Party/s :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 21-08-2024 Heard the learned Advocate for the petitioner and the learned APP for the State.

2. The petitioner seeks regular bail, who is in custody in connection with G. R. No. 1127 of 2024 arising out of Madhubani (Town) P.S. Case No. 224 of 2024, registered for the offence punishable under Sections 341, 323, 324, 307, 504, 307, 354 and 379/34 of the Indian Penal Code.

3. Allegedly, while the informant was cooking food in her house, in the meantime, the petitioner, who happened to be daughter-in-law of the informant came and started abusing and demanding deed/documents relating to land. On protest being made, the petitioner assaulted the informant by means of hansua over her head due to which she sustained serious

Patna High Court CR. MISC. No.56371 of 2024(2) dt.21-08-2024 2/3 injuries. There is further allegation against the family members of the petitioner of assault and theft of valuables.

4. Learned Advocate for the petitioner contended that the petitioner is none else but the daughter-in-law of the informant and prior to the institution of this case, the petitioner had filed a complaint case against her in laws persons, including the informant, the copy of which is marked as Annexure-2 to the bail application. It is further contended that the petitioner has three minor children and because of the family dispute, the informant with the help of other family members wanted to oust the petitioner. On account of family feud some altercation took place, where in the scuffle, the informant has sustained some injuries. Moreover, the alleged occurrence has said to have taken place on 27.05.2024 and the fardbeyan was recorded on the same day but the case has been registered with (Town) P. S. on 30.05.2024. It is next contended that the petitioner is a lady and she has been incarcerated since 21.06.2024. She undertakes that she will not indulge in such type of incidence in future.

5. On the other hand, learned APP for the State vehemently opposes the bail application and referring to the impugned order submitted that the injuries have been found to be grievous in nature, danger to life.

6. Regard being had to the submissions made on

Patna High Court CR. MISC. No.56371 of 2024(2) dt.21-08-2024 3/3 behalf of the parties and considering the relationship of the parties, coupled with the fact that the petitioner is a lady, having fair antecedent and the undertaking given before this Court, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani in connection with G. R. No. 1127 of 2024 arising out of Madhubani (Town) P.S. Case No. 224 of 2024, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.

(ii) She will remain present on each and every date of trial till disposal of the case.

(iii) She will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, her bail bonds will liable to be cancelled.

(Harish Kumar, J) shivank/- U T