Shila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.527 of 2024 Arising Out of PS. Case No.-142 Year-2022 Thana- GORAUL District- Vaishali ====================================================== 1.

SHILA DEVI Wife of Mishrilal Sah R/o vill - Rukmanjari, ward no. 10, Rasulpur Korigonv, P.S. - Goraul, Distt. - Vaishali 2.

Anita Devi Wife of Sanjay Sah R/o vill - Rukmanjari, ward no. 10, Rasulpur Korigonv, P.S. - Goraul, Distt. - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yugal Kishore For the Opposite Party/s :

Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 16-05-2024

1. Heard learned counsel appearing on behalf of the parties.

2. The accused/petitioners is named in F.I.R. and apprehending their arrest in connection with Goraul (Goroul) P.S. Case No. 142 of 2022, registered for the offences punishable under Section 341, 323, 324, 147, 149, 354, 302, 504 of the Indian Penal Code.

3. The allegation against the petitioners is to commit murder of the husband of informant alongwith other named co-accused persons by making physical assault using iron rod, sword, stick etc. where

Patna High Court CR. MISC. No.527 of 2024(3) dt.16-05-2024 2/3 occurrence arises out of land dispute.

4. Learned counsel appearing on behalf of the petitioners submitted that the petitioners were implicated in the present case only because they are the family members of the named co-accused who alleged to cause actual physical assault leading death of the husband of the informant. It is pointed out that the allegations as to give the order is against co-accused Mishrilal Sah where as specific allegations to cause physical assault is against co-accused Sanjay Sah. While concluding the argument it is submitted that both the petitioners are ladies of clean antecedent.

5. Learned APP for the State opposes the prayer for bail of the petitioners.

6. In view of the aforesaid facts and circumstances as well as the fact that the petitioners are ladies of clean antecedent and they were implicated only because they are the family members of the named coaccused, accordingly the petitioners above named, in the

Patna High Court CR. MISC. No.527 of 2024(3) dt.16-05-2024 3/3 event of their arrest or surrender before the learned Court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, 1st, Vaishali at Hajipur/concerned Court where the case is pending in connection with Goraul (Goroul) P.S. Case No. 142 of 2022 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Chandra Shekhar Jha, J) Sudha/- U T