Radha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54554 of 2023 Arising Out of PS. Case No.-59 Year-2023 Thana- MAHUA District- Vaishali ====================================================== 1.

Radha Kumari, D/o- Upendra Paswan.

2.

Tetari Devi, wife of Upendra Paswan Both are Resident of Village- Sirwara P.S.- Mahua District- Vaishali .. ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivjee Singh, Advocate For the Opposite Party/s :

Mr.Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 23-08-2023

1. Heard learned counsel for the petitioners and the learned APP for the State.

2. The petitioners apprehend their arrest in connection with Mahua P.S. Case No. 59 of 2023 dated 04.02.2023 registered for the offence(s) punishable under Section(s) 341, 323, 324, 326, 307, 302/34 of the Indian Penal Code.

3. The main submissions advanced by the learned counsel for the petitioners are that both the petitioners are women, against them, there is no specific allegation, the main allegation of causing injury at the head of the victim by means

Patna High Court CR. MISC. No.54554 of 2023(2) dt.23-08-2023 2/3 of Fasuli is against co-accused Shiv Shankar Kumar which does not get corroboration from the nature of injury found on the body of deceased as per medical opinion given in the postmortem report, as the injury found at the skull of the victim was opined to be caused by hard and blunt object and moreover on the body of the deceased only one injury being a lacerated wound in the size of 2" x 1"x 1/2" over mid of the skull was found and the same has been specifically attributed against the co-accused Shiv Shankar Kumar and both the petitioners have been implicated in this case merely on account of they being relative of the co-accused person.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions and mainly the nature of allegation appearing against the petitioners, this court is inclined to accept their anticipatory bail prayer. Accordingly, let the petitioners named-above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Mahua P.S. Case No. 59 of 2023 on furnishing bail bonds of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Court

Patna High Court CR. MISC. No.54554 of 2023(2) dt.23-08-2023 3/3 concerned, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Shailendra Singh, J) Rajiv/- U T