Partly allowed

Shiva Devi v. The State of Bihar

Patna HC3 Dec 2020CR. MISC./14766/2020

Case brief

AI extract

What is this about?

The High Court permitted withdrawal of the application against petitioner nos. 1 and 2 who were apprehended. The prayer for anticipatory bail of petitioner nos. 3 to 5 was rejected and they were directed to surrender to the court below.

What did the court decide?

Anticipatory bail to petitioner nos. 3, 4, and 5 rejected with direction to surrender. Withdrawal of application against petitioner nos. 1 and 2 permitted and application dismissed as withdrawn agains

Shiva Devi Vs The State of Bihar — Cheating and Forgery | Patna HC (2020)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14766 of 2020

¶2

Arising Out of PS. Case No.-262 Year-2019 Thana- PUNPUN District- Patna

¶3

======================================================

¶4

Shiva Devi, aged about 46 years, Female, Wife of Ballabh Yadav

¶5

Ballabh Yadav, aged about 50 years, Male

¶6

Sant Yadav, aged about 50 years, Male

¶7

Ashok Yadav, aged about 48 years, Male

¶8

Arvind Yadav @ Arvind Rai, aged about 40 years, Male, all are son of Samru Yadav, all are resident of Village - Sabalpur, P.S.- Punpun, District - Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶13

====================================================== Appearance : For the Petitioner/s : Mr.Dhirendra Kumar Sinha, Advocate For the State : Mr.Ashok Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

¶14

5 03-12-2020

¶15

Since the petitioner nos.1 and 2 have been apprehended by the police, learned counsel for the petitioners seeks permission to withdraw this application against petitioner nos.1 and 2.

¶16

Permission is granted.

¶17

Accordingly, this application is dismissed as withdrawn against petitioner nos.1 and 2 in connection with Punpun P.S. Case No.262 of 2019 pending in the court of Sri Ranjay Kumar, J.M. Ist Class, Masaurhi, District – Patna.

¶18

Heard the parties through the virtual court proceeding. The petitioner nos.3 to 5 apprehend their arrest in connection with Punpun P.S. Case No. 262 of 2019 registered for the offences punishable under Sections 302, 120(B), 34 of

¶19

Patna High Court CR. MISC. No.14766 of 2020(5) dt.03-12-2020 2/3

¶20

the Indian Penal Code.

¶21

The case of prosecution in short is that on 01.10.2019, the informant’s son Sikandar Alam had gone to meet his girl friend, namely Anshu Kumari, aged about 19 years in village – Sabalpur. The informant received information that the family members of Anshu Kumari had bitten Sikandar Alam then the informant went at about 9:00 P.M. and saw that at the distance of one km., from village Sabalpur, on the pitched Road his son is in senseless condition with injuries on his body. Some persons came there and forcibly took the signature of the informant on plain paper. The informant suspects Anshu Kumari, Halshi Dev, Ballabh Yadav, Sant Yadav, Ashok Yadav, Shiva Devi, Pappu Yadav and three to four unknown persons, have murdered his son.

¶22

Learned counsel for the petitioners submits that the petitioner nos.3 to 5 are innocent and have been falsely implicated in the present case. He further submits that only on suspicion, the petitioners have been made accused in the present case. He further submits that it is evident from F.I.R. itself that Sikandar Alam had a love affair with Anshu Kumari and he himself had gone to her girl friend in the night and it seems that in the nocturnal hours some pedestrians and passers by suspected Sikandar Alam sensing foul play and unlawful activities and they might have beaten him who died subsequently who was having a love affair with Anshu Kumari. He further submits that the petitioners having no motive or mensrea or animus are not expected to kill a person who loved Anshu Kumari.

¶23

I have perused the record including the case diary. In the case diary, witnesses have supported the prosecution case.

¶24

Patna High Court CR. MISC. No.14766 of 2020(5) dt.03-12-2020 3/3

¶25

In the facts and circumstances of the case, I am not inclined to enlarge the above named petitioner nos.3, 4 and 5. Accordingly, the prayer for anticipatory bail of the petitioner nos.3, 4 and 5 in connection with Punpun P.S. Case No.262 of 2019 pending in the court of Sri Ranjay Kumar, J.M. Ist Class, Masaurhi, District- Patna is hereby rejected. However, the petitioner nos.3, 4 and 5 are directed to surrender before the court below and the learned court below shall pass the order on the same day without being prejudiced by this order.

¶26

(Anjani Kumar Sharan, J)

¶27

Nasimul/-

¶28

U T

Shiva Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Shiva Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Manoj Kumar Vs The State of Bihar

Nikhil Kumar Sinha @ Nikhil Sinha Vs The State of Bihar

Rajendra Goswami Vs The State of Bihar

Parwej Alam Vs the State of Bihar

Rajesh Sharma @ Rajesh Kumar Sharma Vs The State of Bihar

Ramjee Yadav Vs The State of Bihar