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2025 DAILYLAW 9679 (PAT)

Fulo Devi v. The State of Bihar

CR. MISC./5983/2025 · 2025-08-20

Anil Kumar Sinha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5983 of 2025 Arising Out of PS. Case No.-727 Year-2017 Thana- BANKA District- Banka ====================================================== Fulo Devi W/O Shivcharan Das Village- Domuhan PS- Banka District- Banka ... ... Petitioner/s Versus The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Brij Nandan Prasad For the Opposite Party/s : Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 5 20-08-2025 1. Heard the parties. 2. The petitioner apprehends her arrest in connection with Banka P.S. Case No. 727 of 2017 dated 01.11.2017 registered for the offence under sections 302 / 34 of the I.P.C. 3. As per the first information report it is alleged that on 31.10.2017 the petitioner and the F.I.R. named co-accused persons in furtherance of their common intention pulled the father of the informant namely Sona Das @ Sona Harijan on the ground and thereafter they with the help of the co-accused persons namely Raghu Das, Shivcharan Das and Sattan Das pressed the throat of the informant’s father by lathi due to which he died on the spot. 4. Learned counsel for the petitioner submits that petitioner is innocent and she has not committed any offence in the manner alleged and has falsely been implicated in this case due Patna High Court CR. MISC. No.5983 of 2025(5) dt.20-08-2025 2/2 to dirty village politics. Only general and omnibus allegation is levelled against the petitioner and nothing specific has been attributed against her. It is further submitted that petitioner being a lady has not been assigned any role rather she was seen standing in the mob without any weapon like lathi. The co-accused Raghu Das and Shivcharan Das armed with lathi are mainly responsible for the killing of the informant’s father. It is next submitted that there is no eye witness to the occurrence. He further submits that one of the co-accused / Shanti Devi has been granted the privilege of anticipatory bail though in the year 2018 itself vide order dated 20.03.2018 passed in Cr. Misc. No. 7008 of 2018. 5. Considering the serious nature of offence as well as the fact that F.I.R. was lodged in the year 2017 and the petitioner has moved for anticipatory bail after lapse of eight years in the year 2025, charge sheet has already been submitted under section 302 / 34 of the I.P.C. declaring the petitioner as absconder, accordingly, I am not inclined to grant anticipatory bail to the petitioner. The same is rejected. praful/- (Anil Kumar Sinha, J) U T