Meena Devi vs State Of Bihar

The matter has been heard via video conferencing.

The case has been heard out of turn on the basis of motion slip filed by learned counsel for the petitioner yesterday, which was allowed.

Heard Mr. Ravi Ranjan, learned counsel for the petitioner and Mr. Mukeshwar Dayal, learned Additional Public Prosecutor (hereinafter referred to

as the ‘APP’) for the State.

The petitioner apprehends arrest in connection with Gaighat PS Case No. 57 of 2020 dated 22.02.2020, instituted under Sections 341, 323, 324, 307,

504/34 of the Indian Penal Code to which later on Section 302 was added.

The allegation against the petitioner and two others is of assault by farsa, garasa and lathi on the husband of the  informant and thereafter the

husband who later on succumbed after 16 days of the incident.

Learned counsel for the petitioner submitted that she is a lady and a housewife and has no role in such incident, even if it is taken to be true. It was

submitted that the FIR itself has been lodged on 21.02.2020, whereas the incident took place on 13.02.2020 i.e., after a delay of more than one week.

It was submitted that if such a serious incident takes place, it is not believable that at the very first hospital where a person goes, the police would not

be informed and statement taken. Learned counsel submitted that the death of the husband of the informant took place after 17 days on 01.03.2020

due to septicaemia, which clearly indicates that there was lack of proper treatment. According to learned counsel, the postmortem report discloses

only two injuries, that too on the stomach and death was due to internal injury. Learned counsel submitted that the petitioner has no criminal

antecedent. It was submitted that the FIR itself discloses that there was land dispute and the parties are agnates.

Learned APP submitted that the husband of the informant has died as a result of the injuries inflicted on him by the petitioner and even the

informant had 14 stitches on her head.

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender

before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty five

thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Judge 16th cum Additional Chief Judicial Magistrate, 15th,

Muzaffarpur in Gaighat PS Case No. 57 of 2020, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 and

further, (i) that one of the bailors shall be a close relative of the petitioner, (ii) that the petitioner and the bailors shall execute bond and give

undertaking with regard to good behaviour of the petitioner and (iii) that the petitioner shall co-operate with the police/prosecution and the Court. Any

violation of the terms and conditions of the bonds or the undertaking or failure to co-operate shall lead to cancellation of her bail bonds.

It shall also be open for the prosecution to bring any violation of the foregoing conditions of bail by the petitioner, to the notice of the Court

concerned, which shall take immediate action on the same after giving opportunity of hearing to the petitioner.

The application stands disposed off in the aforementioned terms.