Shobha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67021 of 2021 Arising Out of PS. Case No.-41 Year-2021 Thana- PAWANA District- Bhojpur ====================================================== 1.

SHOBHA DEVI W/o Satendra Singh Resident of Village - Pawar, P.S.- Pawana, Distt.- Bhojpur.

2.

Jyoti Kumari W/o Ravi Ranjan Singh Resident of Village - Pawar, P.S.- Pawana, Distt.- Bhojpur.

3.

Deepa Kumari D/o Satendra Singh Resident of Village - Pawar, P.S.- Pawana, Distt.- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-04-2022 Heard learned counsel for the parties.

The petitioners have preferred this application for grant of regular bail in a case registered under sections 302 and 34 of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, as a result of altercation between the parties it is stated that the six named accused persons including the three petitioners herein came. Petitioner no. 2 and petitioner no. 3 pushed Lalsa Kumari on the ground and thereafter beat her up. Thereafter, on the instigation of the petitioner no. 1 and Satyendra Singh, Dipu Kumar brought a country made revolver from his house and gave the same to

Patna High Court CR. MISC. No.67021 of 2021(2) dt.26-04-2022 2/3 Ravi Ranjan Singh who shot the husband of the informant in his chest. The informant's husband died on the spot. It is submitted by learned counsel for the petitioners that the petitioners who are ladies have been falsely implicated in the case. Even as per the FIR it is Ravi Ranjan Singh who is said to be the assailant of the deceased. There is no allegation of overt act on these petitioners who are in custody since 18.8.2021 and have no criminal antecedent.

The application for bail is opposed by learned APP for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that not only the petitioners are named in the FIR but there is specific allegation against them of having actively participated in the occurrence and it was at the instigation of the petitioner no. 1 that the husband of the informant was shot.

Having heard learned counsel for the parties and taking into consideration the nature of allegations against the petitioners in the FIR together with Ravi Ranjan Singh having been named as the assailant and the petitioners having remained in custody for 8 months, the Court directs the above three petitioners to be enlarged on bail in connection with Pawana P.S. Case no. 41 of 2021 on each of them furnishing bail bond

Patna High Court CR. MISC. No.67021 of 2021(2) dt.26-04-2022 3/3 of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Bhojpur, Ara.

(Partha Sarthy, J) Prakash/- U