Kalyani Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13059 of 2021 Arising Out of PS. Case No.-151 Year-2020 Thana- SHYAMPUR BHATHA DistrictSheohar ====================================================== 1.
KALYANI DEVI Wife of Abhimanyu Singh Resident of Village /MohallahPaharpur, P.S. - Shyampur Bhataha, District - Sheohar, PIN Code - 843329. 2.
Shabnam Devi Wife of Ashok Singh Resident of Village /MohallahPaharpur, P.S. - Shyampur Bhataha, District - Sheohar, PIN Code - 843329. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Kumar, Adv.
For the Opposite Party/s :
Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 19-07-2021 In view of sudden resurgence of COVID-19 infection there is limited functioning of the High Court and therefore the matter has been listed for consideration through virtual mode. Heard learned Counsel for the petitioners and the learned APP for the State.
This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.
Petitioners seek bail in Shyampur Bhataha PS Case No. 151 of 2020, registered under Sections 147, 148, 149, 341, 323, 324, 307, 302 of the Indian Penal Code.
There is land dispute between the agnates. It is alleged
Patna High Court CR. MISC. No.13059 of 2021(2) dt.19-07-2021 2/3 that the accused persons have indiscriminately assaulted the prosecution party and in the process they have caused death of the informant's son.
Learned counsel for the petitioners submits that being lady members of the family, the petitioners have been implicated along with the other co-accused persons merely by virtue of their relationship. Specific allegation of assault is against co-accused Shankar Singh and other co-accused persons. Against the petitioner there is no specific allegation of assault. They are having no criminal antecedent. They are in custody since 01.09.2020. Learned APP has opposed the prayer for bail.
Considering the rival submissions as also the facts and circumstances of the case, prayer for bail of the petitioners is allowed. Let the petitioners above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Additional Chief Judicial Magistrate, Sheohar in Shyampur Bhataha PS Case No. 151 of 2020, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the
Patna High Court CR. MISC. No.13059 of 2021(2) dt.19-07-2021 3/3 petitioners.
(ii) That the petitioners will be well represented on each date and if they fails to do so on two consecutive dates, their bail bond will be liable to be cancelled.
(Madhuresh Prasad, J) rakhi/- U T