Pushpa Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10041 of 2021 Arising Out of PS. Case No.-246 Year-2020 Thana- SAHPUR District- Bhojpur ====================================================== 1.

PUSHPA DEVI WIFE OF VIKASH RAJAK RESIDENT OF VILLAGELAXUMANPUR, P.S-SHAHPUR, DISTRICT-BHOJPUR 2.

GUDIA DEVI WIFE OF RAKESH RAJAK RESIDENT OF VILLAGELAXUMANPUR, P.S-SHAHPUR, DISTRICT-BHOJPUR 3.

SUGANDHI DEVI WIFE OF JITENDRA SINGH RESIDENT OF VILLAGE- LAXUMANPUR, P.S-SHAHPUR, DISTRICT-BHOJPUR 4.

NIRMAL RAJAK SON OF LATE MADAN RAJAK RESIDENT OF VILLAGE- LAXUMANPUR, P.S-SHAHPUR, DISTRICT-BHOJPUR 5.

RAKESH RAJAK SON OF LATE MADAN RAJAK RESIDENT OF VILLAGE- LAXUMANPUR, P.S-SHAHPUR, DISTRICT-BHOJPUR ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vipin Kumar Singh For the informant :

Mr. Ravindra Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-08-2021 Heard learned counsel for the petitioners and the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioners are apprehending their arrest in Sahpur (Bahoranpur O.P.) P.S. Case No. 246 of 2020 registered under Section 302/34 of the Indian Penal Code.

Allegedly, in the backdrop of petty feud, the dispute arose

Patna High Court CR. MISC. No.10041 of 2021(2) dt.27-08-2021 2/3 between the parties and in consequence thereof, the informant's son was assaulted with bricks by the accused persons as a result of which, he sustained injury and later on, he died in course of treatment.

It has been submitted on behalf of the petitioners that they have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against them. They have been falsely implicated in the present case. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. The petitioner Nos. 1 & 3 are ladies. The case has been instituted after two days of the alleged occurrence.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned Chief Judicial Magistrate, Bhojpur, Ara in connection with Shahpur (Bahoranpur O.P.) P.S. Case No. 246 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of

Patna High Court CR. MISC. No.10041 of 2021(2) dt.27-08-2021 3/3 Criminal Procedure.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T