Patna High Court - Orders
Rinku Devi And Ors vs The State Of Bihar on 19 February, 2019
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54770 of 2018
Arising Out of PS. Case No.-47 Year-2018 Thana- CHENARI District- Rohtas
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1. Rinku Devi, wife of Sunil Ram
2. Vikash Ram, son of Rogi Ram
3. Ram Karan Ram, son of Late Bachan Ram
All resident of Village- Doiya, P.S. Chenari, District- Rohtas.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Sada Nand Roy
For the Opposite Party/s : Mr.Smt. Meena Singh
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CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
ORAL ORDER
4 19-02-2019Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 447, 504, 506 and 302 of the Indian Penal Code.
The prosecution case as per the written report of Chandrawati Kunwar submitted to the Station House Officer of Chenari Police Station is to the effect that on 25.02.2018 there was some scuffle between the informant and the family of Rogi Ram as they were alleging that the informant's family practices witch craft. Subsequently, the issue was resolved but Rogi Ram did not agree to the terms of resolution. On 03.03.2018 at 8.00 A.M., Rogi Ram instigated his son and family members to Patna High Court Cr.Misc. No.54770 of 2018(4) dt.19-02-2019 2/3 assault. It is alleged that co-accused Sunil Ram assaulted on the head of the informant's husband causing bleeding injury when the others also made assault, as a result, the husband of the informant fell down. It is alleged that other accused persons did not allowe the husband of the informant to go for treatment. On 05.03.2018 the dead body of the husband of the informant was recovered near Sidhpur canal while he was going for treatment.
It is submitted by learned counsel for the petitioners that the specific accusation of assault is against co-accused Sunil Ram. The postmortem report reflects only one injury on the head of the victim, moreover, co-accused Bechani Devi, Lalita Devi and Chandan Devi have been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 12.07.2018 passed in Cr. Misc. No. 40340 of 2018. A statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent.
Learned APP after going through the case diary submits that the petitioners are also named in the FIR with specific accusation and the postmortem report reflects corresponding injury on the head of the victim.
Considering the genesis of occurrence, specific accusation against co-accused Sunil Ram which is being Patna High Court Cr.Misc. No.54770 of 2018(4) dt.19-02-2019 3/3 corroborated by the medical opinion, coupled with the statement made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Rohtas at Sasaram in connection with Chenari P.S. Case No. 47 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) DKS/-
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