Anita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6196 of 2024 Arising Out of PS. Case No.-206 Year-2023 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== 1.

Anita Devi Wife Of Ranjit Chaupal Resident Of Vill- Tumaul Tole Bijhara, P.S.- Ghanshyampur, Distt- Darbhanga 2.

Anchal Kumari Daughter Of Ranjit Chaupal Resident Of Vill- Tumaul Tole Bijhara, P.S.- Ghanshyampur, Distt- Darbhanga 3.

Maya Devi Wife Of Tetar Chaupal Resident Of Vill- Jhanjharpur, P.S.- Jhanjharpur, Distt- Madhubani ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 8378 of 2024 Arising Out of PS. Case No.-206 Year-2023 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== Mukesh Chaupal S/o Shiv Nandan Chaupal R/o Vill - Tumoul, P.S. - Ghanshyampur, Dist. - Darbhanga ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 6196 of 2024) For the Petitioner/s :

Mr. Ajay Kumar, Advocate For the Opposite Party/s :

Mr. Madhuri Lata, APP (In CRIMINAL MISCELLANEOUS No. 8378 of 2024) For the Petitioner/s :

Mr. Vinay Kumar Mishra,Advocate For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-04-2024

1. Heard learned counsel for the parties.

2. Learned counsel for the petitioners in Cr. Misc. no. 6196 of 2024 submits that petitioner no. 2 Anchal Kumari, having been enlarged on bail in the learned trial Court on account of being a juvenile, he seeks permission to withdraw this application.

3. The prayer for bail, so far as the petitioner no. 2

Patna High Court CR. MISC. No.6196 of 2024(3) dt.16-04-2024 2/3 Anchal Kumari is concerned, stands dismissed as withdrawn.

4. The petitioners have preferred this application for grant of regular bail in connection with Ghanshyampur P.S. Case no. 206 of 2023 registered under sections 302, 120B, 379 and 34 of the Indian Penal Code.

5. As per the prosecution case, the informant states that the seven named accused persons including the petitioners herein came variously armed and brutally assaulted the informant's brother leading to serious injuries. He further states that his brother was taken from one hospital to the other for better treatment and he finally succumbed to his injuries in course of treatment in PMCH.

6. Learned counsel for the petitioners in Cr. Misc. no. 6196 of 2024 submitted that the petitioners who are ladies have been falsely implicated in the case. The allegations are general and omnibus in nature and they are in custody since 7.9.2023. They have no criminal antecedent.

7. Learned counsel appearing for the petitioner Mukesh Chaupal submitted that this petitioner is not named in the F.I.R. In course of investigation his name has allegedly been taken by co-accused Anita Devi that he was also present. There are no independent eyewitness to the occurrence. The statement

Patna High Court CR. MISC. No.6196 of 2024(3) dt.16-04-2024 3/3 of co-accused made before police is of no value. This petitioner is also in custody since 7.9.2023 and has no criminal antecedent.

8. The application for bail is opposed by learned APP for the State.

9. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R, the allegations against the petitioners in Cr. Misc. no. 6196 of 2024 being general and omnibus in nature, the petitioner Mukesh Chaupal not even being named in the F.I.R together with all the three petitioners having remained in custody for about 7 months since 7.9.2023, not having any criminal antecedent and chargesheet having been submitted in the case, all the three petitioners namely Anita Devi, Maya Devi and Mukesh Chaupal are directed to be enlarged on bail in connection with Ghanshyampur P.S. Case no. 206 of 2023, on each of them furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Darbhanga. (Partha Sarthy, J) Harsh/- U T