Anjila Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70161 of 2021 Arising Out of PS. Case No.-171 Year-2021 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Anjila Devi W/O Taranand Lal Deo R/o village- Madhopur, P.S.- Bahera, District- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Advocate Mr.Vaishnavi Singh, Advocate For the Opposite Party/s :
Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-05-2022 Heard learned counsel for the parties.
Let the defect(s), if any, as pointed out by the office be removed within four weeks.
The petitioner is in judicial custody in connection with Sadar (Sonki O.P.) P.S. Case No. 171 of 2021 registered under Sections 341, 324 and 307/34 of the Indian Penal Code and subsequently, Section 302 of the Indian Penal Code was also added. The allegation in the FIR is that all the accused persons including the petitioner herein intercepted the motorcycle, the informant was riding along with his cousin. Pramod Lal Deo. As the informant step down from it, the accused persons attacked him. The further allegation against the petitioner herein is that she along with other co-accused gave an order to kill the informant, as a result whereof, it is alleged that Ranjit Lal Deo gave a knife blow in the
Patna High Court CR. MISC. No.70161 of 2021(2) dt.24-05-2022 2/3 stomach of the informant on account of which he fell down and became unconscious. He was taken to the Darbhanga Medical College Hospital, Surgical Ward and was operated upon. Thereafter, he lodged this FIR. Subsequently, the informant succumbed to the injury.
Learned counsel for the petitioner submits that as per the FIR, specific role has been assigned to Ranjit Lal Deo, who gave the fatal blow in the stomach of the informant. Beside the accused, Babu Lal Deo, gave a knife blow on the neck of the informant. He further submits that all of them are agnates and have a land dispute as a result whereof the entire family members have been implicated in this case assigning role to each and every accused persons including the petitioner herein as an order giver.
As per the FIR, the specific allegation is against Ranjit Lal Deo of giving fatal blow in the stomach of the informant. The petitioner has been alleged to be an order giver, is in jail since 16.09.2021 (as stated in paragraph-12 of the bail application) and charge sheet has been submitted, this Court is inclined to grant him the privilege of bail.
Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga at Laheriasarai in connection with Sadar (Sonki O.P.) P.S. Case No. 171 of 2021, subject to the following conditions.
Patna High Court CR. MISC. No.70161 of 2021(2) dt.24-05-2022 3/3 (i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;
(iii) she shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.
With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Jagdish/- U T