Siya Devi @ Siyawati Devi And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36819 of 2016 Arising Out of PS.Case No. -22 Year- 2016 Thana -MAHILA P.S. District- LAKHISARAI ======================================================
1. Siya Devi @ Siyawati Devi W/O Gopi Das,
2. Gopi Das S/O- Khedu Das,
3. Rohit Das S/O- Gopi Das,
4. Rajo Das S/O- Gopi Das,
5. Nande Das S/O- Gopi Das,
6. Uttam Das S/O- Gopi Das,
7. Maya Devi W/O- Rohit Das,
8. Anita Devi W/O- Uttam Das,
9. Pano Devi W/O- Vijay Das, .... .... Petitioner/s
Versus
1. The State of Bihar
2. Sunaina Devi W/o Gautam Das, .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vibhakar Kumar, Advocate For the Opposite Party/s : Mr. Smt. Pronati Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-10-2016 Heard learned counsels for the petitioners and the State.
The petitioners being parents, brothers, nephew, married sisters of the husband of the informant are apprehending arrest in a case registered for the offences punishable under Sections 323, 341, 498A, 307, 354A, 504, 506, 109, 406,, 326A,34 of the Indian Penal Code.
Prosecution case as per the written report of Sunaina Devi is to the effect that since the informant refused to work as domestic help in the house of the Panchayat Mukhiya Sunil Ram
Patna High Court Cr.Misc. No.36819 of 2016 (4) dt.04-10-2016 2/3 Chandrabansi. On 24.05.2016 at 10 PM the father-in-law, mother-in-law, brother-in-law, sister-in-law brother-in-law's wife (gotani) and her nephew entered in to the room of the informant and on the order of Sunil Ram Chandrabansi, on refusal by the informant to work as domestic help in the house of the Panchayat Mukhiya, robbed jewellery, cash and other articles and tried to cause burn injury by pouring acid, on alarm being raised the neighbors came and saved her.
It is submitted by learned counsel for the petitioners that for the occurrence of 24.05.2016 at 10.00 PM, the FIR was registered on 25.05.2016 at 4.00 PM. There is cutting in the date of registration of the First Information Report. The accusation of making assault and causing injury through acid is omnibus and general against all the accused persons. Moreover, the accusation has been levelled in the background of share dispute as a result the informant has not made her husband as accused. Learned APP after going through the case diary submits that two injuries have been found superficial, simple in nature caused by hot liquid.
Considering the accusation being omnibus and general and not corroborated by the medical opinion, let the above named petitioners be released on anticipatory bail, in the event of arrest
Patna High Court Cr.Misc. No.36819 of 2016 (4) dt.04-10-2016 3/3 or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Lakhisarai in connection with Mahila Thana Lakhisarai P.S. Case No.22/2016, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T