Bidyawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68993 of 2024 Arising Out of PS. Case No.-72 Year-2024 Thana- KATEYA District- Gopalganj ====================================================== 1.

Bidyawati Devi Wife of Mahaveer Ram R/o Village- Natwa, P.S.,- Kateya, District- Gopalganj.

2.

Juli Kumari D/o Mahaveer Ram R/o Village- Natwa, P.S.- Kateya, DistrictGopalganj. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Ranjan, Advocate Mr. Sumit Kumar Srivastva, Advocate For the Informant :

Mr. Indrajeet Bhushan, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha.1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 20-11-2024 Heard Mr. Rajeev Ranjan and Mr. Sumit Kumar Srivastva learned counsels for the petitioner, Mr. Indrajeet Bhushan learned counsel for the informant and Ms. Pushpa Sinha-1 learned A.P.P. for the State.

2. Petitioners seek regular bail in connection with Kateya P.S. Case No. 72 of 2024, registered for the offences punishable under Sections 341, 323, 324, 302, 379, 504, 506 read with Section 34 of the Indian Penal Code.

3. The main submissions advanced by learned counsel for the petitioners are that both the petitioners are ladies, though they are named in the FIR but against them there is no specific allegation and they are simply stated to be present with co-

Patna High Court CR. MISC. No.68993 of 2024(3) dt.20-11-2024 2/3 accused persons though as per allegation both the petitioners and co-accused persons, who are said to be six in number, badly assaulted the deceased by inflicting indiscriminate lathi blows at the head of the informant but as per the postmortem report of the deceased only two injuries, one on the nose and second on the head of the deceased, were found by the doctor concerned which falsifies the allegations of assaulting in indiscriminate manner at the head of the deceased by the accused persons. It is further submitted that both the petitioners are in judicial custody since 08.03.2024 and against them the investigation has been completed.

4. On the other hand, Mr. Indrajeet Bhushan learned counsel for the Informant and Ms. Pushpa Sinha-1 learned A.P.P. for the State have vehemently opposed the bail prayer of the petitioners and submitted that as per the F.I.R. the petitioners are also indulged in assaulting the deceased and they do not deserve to the relief of bail and the allegation of assaulting the deceased by means of lathi and danda gets support from the deceased's post-mortem report.

5. Considering the facts and circumstances of this case as well as above submissions and mainly the facts that both the petitioners are ladies and against them there is no specific

Patna High Court CR. MISC. No.68993 of 2024(3) dt.20-11-2024 3/3 allegation and on the body of the deceased only two lacerated wounds were found while as per allegation six accused persons including the petitioners allegedly assaulted him in indiscriminate manner by using lathi and danda and also taking into account the petitioners' custody till date as well as the completion of investigation against them, in my opinion, it is a fit case for bail to the petitioners. Accordingly, let the petitioners named-above be enlarged on bail on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Kateya P.S. Case No. 72 of 2024. (Shailendra Singh, J) Siwani/- U T