Kusum Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78171 of 2019 Arising Out of PS. Case No.-339 Year-2019 Thana- GARKHA District- Saran ====================================================== 1.
KUSUM DEVI Wife of Ravindra Rai Resident of Village- Salaha, P.S.- Garkha, District- Saran.
2.
Pramila Kuer @ Pramila Devi Widow of Late Bhuli Rai Resident of VillageSalaha, P.S.- Garkha, District- Saran. 3.
Ramavati Rai Widow of Late Raghunath Rai Resident of Village- Salaha, P.S.- Garkha, District- Saran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Najmul Hoda For the Opposite Party/s :
Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-01-2020 Heard learned counsel for the petitioners, learned counsel appearing on behalf of informant and the learned A.P.P. for the State.
The petitioners seek bail in connection with Garkha P.S. Case No. 339 of 2019, registered under Sections 147, 148, 149, 341, 323, 324, 326 and 302 of the Indian Penal Code.
The accusation is that on 10.06.2019, in the evening, Mahendra Ray, husband of informant Munni Devi was returning to his house, in the way, when he reached near the orchard of Ravindra Ray, at that time, Ravindra Rai,
Patna High Court CR. MISC. No.78171 of 2019(2) dt.14-01-2020 2/3 Sugandh Rai, Rohit Rai and petitioners stopped to Mahendra Ray and started to abuse. When Mahendra Ray, husband of the informant, made protest then Ravindra Ray caused injury through knife at the left side of the stomach as a result of which profussed bleeding started. At that time, Rohit Ray inflicted Garansa injury at the neck of husband of informant and Sugandh Ray and Kushum Devi (Petitioner No.1) also caused injury through Farsa at his chest and Pramila Kuwar (petitioner No.2) also caused injury through sword at his stomach. On raising alarm, the villagers rushed there and husband of the informant was rushed to PHC from where he was referred to Sadar Hospital Chapra for better treatment, where Doctor declared him dead. The cause of occurrence is said to be land dispute.
Learned counsel for the petitioners submits that it would appear from the F.I.R. that informant is not the eyewitness of the occurrence, rather, she reached at the place of occurrence after the occurrence, but with ulterior motive, the petitioners, who are ladies, have falsely been implicated in this case. The petitioners have no criminal antecedent and they are in custody since 12.06.2019.
Having regard to the facts and the circumstances of
Patna High Court CR. MISC. No.78171 of 2019(2) dt.14-01-2020 3/3 the case, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the 14th Additional Chief Judicial Magistrate, Saran at Chapra in connection with Garkha P.S. Case No. 339 of 2019.
(Rajendra Kumar Mishra, J) manish/- U T