Sharmila Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57796 of 2024 Arising Out of PS. Case No.-60 Year-2024 Thana- GOPALPUR District- West Champaran ====================================================== 1.
Sharmila Devi, Gender- Female, aged about 40 years, wife of Sahdeo Ram, 2.
Prabha Devi, Gender- Female, aged about 32 years, wife of Rajendra Ram, 3.
Ramawati Devi, Gender- Female, aged about 32 years, wife of Rampravesh Ram, 4.
Sunaina Devi, Gender- Female, aged about 30 years, wife of Awadhesh Ram, 5.
Ramprabha Devi, Gender- Female, aged about 38 years, wife of Ramnath Ram, Resident of Village Purainadih, P.S.- Gopalpur , Dist- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sarvesh Kashyap, Advocate Mr. Dipak Kumar, Advocate For the State :
Mr. Anant Kumar 1, APP For the Informant :
Mr. Sanjeev Kumar, Advocate Mr. Sitesh Kashyap, Advocate Mr. Bharti Rai, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-12-2024 Heard learned counsel for the petitioners; learned Additional Public Prosecutor for the State and learned counsel for the informant, who has appeared suo motu.
2. The petitioners apprehend arrest in connection with Gopalpur PS Case No.60 of 2024 dated 08.05.2024, instituted under Sections 147, 148, 149, 341, 323, 324, 325, 307, 302, 427, 435, 504, 506 of the Indian Penal Code.
3. The prosecution case, in brief, is that on 06.05.2024 all the F.I.R. named accused persons came with variously arms
2/4 at the hut of the informant and then Rajendra Ram ordered to put the hut of the informant on fire, and then Santosh Ram sprinkled petrol on the hut of the informant and put the hut on fire. The informant further alleged that he came out from the hut with his mother namely Sugiya Devi and then all accused persons assaulted him and caused fractured injury in the leg of Shiv Prasad and all accused threatened that they will capture the house of the petitioner. The informant further alleged that on 07.05.2024 at 2.00 A.M.
, her mother Sugiya Devi, sister Nirmala Devi and her wife Sunita Devi were keeping watch on the house and then all accused persons variously armed came and started abusing the mother of informant and when the wife and sister of informant raised objection then Manohar Ram, Sahdeo Ram and Ramnath Ram had killed the mother of informant by throttling her neck. The informant further alleged that motive behind the occurrence is that the accused persons are powerful people and they are trying to capture the land of the informant and for which a case has been lodged by the police under section 107 of the Cr.P.C.
3/4 for the post-mortem examination.
4. Learned counsel for the petitioners submits that they are innocent and have been falsely implicated in this case. It is further submitted that all the petitioners are ladies having no specific allegation against them. There is case and counter case between the parties. Counter case i.e., Gopalpur PS Case No.69 of 2024 has been lodged by Sahdeo Ram against the informant and others. Further, it is submitted that all the petitioners except petitioner no. 4 have clean antecedents. One criminal case is pending against petitioner no.4, which has been lodged by the brother of the informant.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran, in Gopalpur PS Case No.60 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
4/4
7. The application stands allowed.
(Khatim Reza, J) J. Alam/- U T