Manjula Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.85 of 2020 Arising Out of PS. Case No.-251 Year-2019 Thana- JAMALPUR District- Munger ====================================================== 1.

MANJULA DEVI Wife of Late Bechan Yadav, Resident of Village - Chhoti, Govindpur, P.S.- Jamalpur, District - Munger. 2.

Gunjan Yadav @ Abhishek Yadav @ Gunjan Kumar Son of Late Bechan Yadav, Resident of Village - Chhoti, Govindpur, P.S.- Jamalpur, District - Munger.

... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Praveen Kumar Agrawal For the Respondent/s :

Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 02-06-2020 Heard learned counsel for the appellants and learned counsel for the State through virtual court proceeding. In this case, the appellants are seeking bail in connection with Jamalpur P.S. Case No. 251 of 2019 registered for offence punishable under sections 341, 323, 385, 387, 326, 307, 504/34 IPC, subsequently added section 302 IPC of the Indian Penal Code, 27 of the Arms Act and 3 (1) (r) (s), 3 (2) (va) SC/ST Act.

The dispute arose on account of construction of toilet and for demanding rangdari for which accused persons started abusing by calling the caste name and assaulting the informant. Co-accused Chandan Yadav fired on Dhirendra Kumar causing chest injury.

Patna High Court CR. APP (SJ) No.85 of 2020(4) dt.02-06-2020 2/2 Learned counsel for the appellants submits that there is no specific allegation has been made against the appellants. He further submits that there is specific allegation against Chandan Yadav to have shot the deceased. The appellants are in custody since 14.11.2019.

Looking to the entire facts and circumstances of the case, the appellants, named above, are directed to be released on bail on furnishing personal bail bond to the satisfaction of Special Judge (SC/ST Act)-cum-Additional Sessions Judge-I, Munger in connection with Jamalpur P.S. Case No. 251 of 2019, subject to the condition that the appellants shall fully cooperate with the investigation/trial of the case, failing which, the court below shall be at liberty to cancel the bail bonds of the appellants.

Accordingly, the impugned order dated 10.12.2019 passed by Special Judge (SC/ST Act)-cum-Additional Sessions Judge-I, Munger in connection with Jamalpur P.S. Case No.251 of 2019 is set aside and the appeal is allowed. (Shivaji Pandey, J) Mahesh/- U T