Sima Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59719 of 2023 Arising Out of PS. Case No.-544 Year-2022 Thana- DARIYAPUR District- Saran ====================================================== 1.
Sima Devi W/O Bablu Sahani R/O Village- Ghuraho Mathiya, P.SDariyapur, Distt.- Saran At Chhapra. 2.
Guriya Devi W/O Chandan Sahani R/O Village- Ghuraho Mathiya, P.SDariyapur, Distt.- Saran At Chhapra. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandra Mohan Jha, Advocate For the Opposite Party/s :
Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-09-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.
2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
3. The petitioners are apprehending their arrest in connection with Dariyapur P.S. Case No. 544 of 2022 dated 03.10.2022 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 325, 504, 506, 447, 307 and 302 of the Indian Penal Code.
4. As per the prosecution case, the petitioner and the co-accused persons holding lathi, danda, iron rod, garasa and
Patna High Court CR. MISC. No.59719 of 2023(2) dt.27-09-2023 2/3 dab came to the house of the informant and started abusing. In the meantime, the co-accused Chandan Sahni assaulted the informant with iron rod, causing broken injury on his finger of left hand. When the informant's mother and maternal aunt came to rescue, they assaulted on the head of the informant's maternal aunt with iron rod. The co-accused, Tunnu Sahni and Mahendra Sahni caught hold of the informant's mother and the co-accused Bablu Sahni assaulted the mother of the informant with dab, causing head injury. Thereafter, all the injured were taken to hospital for treatment where the informant's mother succumbed to the injury.
5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. The petitioners are ladies. There is general and omnibus allegation against the petitioners who are ladies. The specific allegation of assault is against the co-accused Bablu Sahni. The petitioners have no criminal antecedent as stated in para 3 of the bail petition.
6. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners.
7. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their
Patna High Court CR. MISC. No.59719 of 2023(2) dt.27-09-2023 3/3 arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran at Chhapra in connection with Dariyapur P.S. Case No. 544 of 2022, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
8. This application stands allowed.
(Chandra Prakash Singh, J) atul/- U T