Usha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74634 of 2019 Arising Out of PS. Case No.-92 Year-2018 Thana- DAWATH District- Rohtas ====================================================== 1.Usha Devi wife of Satyendra Singh

2. Manju Devi wife of Sushil Singh ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar Singh For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 18-12-2019 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Dawath P.S. Case No. 92 of 2018, initially, registered for the offences punishable under Sections 341, 323, 324, 307, 337, 379 and 34 of the Indian Penal Code on the fardbeyan of the informant Bhim Singh but after death of informant Bhim Singh, section 302 of the Indian Penal Code was also added. Allegation against the petitioners is that they assaulted the deceased by means of bricks.

However, learned counsel appearing for the petitioners submits that the F.I.R named accused Satyendra Singh and Pappu Singh against whom, there was allegation that

Patna High Court CR. MISC. No.74634 of 2019(2) dt.18-12-2019 2/2 they assaulted the deceased by Rami and Rod have already been acquitted by the learned Additional Session Judge 7th Rohtas vide judgement dated 05.09.2019 passed in Session Trial no. 464 of 2018 and moreover, petitioners are ladies and they were subsequently, charge sheeted by the police by filing supplementary charge sheet.

Since, the alleged occurrence appears to have taken place on account of land dispute and both the main accused have already been acquitted of the charges because the so called eye witnesses did not support the prosecution case and apart from this the petitioners happen to be women, I think it proper to extend the privilege of anticipatory bail to the petitioenrs and accordingly, it is ordered that petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VII, Rohtas, Sasaram in Dawath P.S. Case No. 92 of 2018 subject to condition as laid down under Section 438(2) of the Cr.P.C.

N.K/- (Hemant Kumar Srivastava, J) U T