Manturi Devi @ Maruti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6167 of 2025 Arising Out of PS. Case No.-301 Year-2024 Thana- JOGAPATTI District- West Champaran ====================================================== 1.

Manturi Devi @ Maruti Devi W/o Harendra Mukhiya R/o Village- Padraun, Police station- Yogapatti, District- west Champaran. 2.

Ankita Devi W/o Pintu Mukhiya R/o Village- Padraun, Police stationYogapatti, District- west Champaran. 3.

Sanju Kumari D/o Harendra Mukhiya R/o Village- Padraun, Police stationYogapatti, District- west Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-05-2025 I.A. 1 of 2025 The present petition preferred to correct the submission, as made on earlier occasion before the Court that petitioner no. 2, namely, Meera Devi died, whereas in actual petitioner no. 3, namely, Ankita Devi was died during the pendency of present petition.

2. Considering the aforesaid statement as made on affidavit and the reasons explained thereof present petition stands allowed.

3. At the outset, it is submitted by learned counsel for the petitioners that petitioner no. 3, namely, Ankita Devi died during pendency of present anticipatory bail petition and,

2/4 therefore, same become infructuous qua petitioner no. 3 (as per cause title dated 24.02.2025).

4. Considering the submission as made above, the prayer of anticipatory bail petition of petitioner no. 3, namely, Ankita Devi stands dismissed as withdrawn having become infructuous.

5. Now, this petition survives for petitioner no. 1, namely, Manturi Devi @ Maruti Devi, petitioner no. 2 Meera Devi and petitioner no. 4, namely, Sanju Kumari.

6. The accused/petitioners apprehending their arrest in connection with Yogapatti P.S. Case No. 301 of 2024, registered for the offences punishable under Sections 191(2), 191(3), 126(2), 115(2), 109, 74, 303(2) 351(2) and 352 of the Bharatiya Nayaya Sanhita.

7. The allegation against above named petitioners is to assault informant and other alongwith co-accused persons/family members, causing head and bodily injuries with intention to cause their death.

8. Learned counsel appearing on behalf of the petitioners submitted that petitioners were granted provisional bail by one of the learned co-ordinate Bench vide its order dated 24.02.2025, whereafter injury report of injured persons was called

3/4 for to ascertain the nature of injury. It is submitted that the allegation of snatching is available only against petitioner no. 1, whereas the allegation regarding physical assault which appears available against petitioner nos. 2 and 4 caused simple in nature, negating intention to cause death on its face.

9. Learned APP opposed the prayer of bail

10. Considering the aforesaid facts and circumstances and by taking note of fact as the aforesaid petitioners are ladies, coupled with the fact that injuries as alleged to be inflicted by petitioner nos. 2 and 4, upon medical examination found simple, negating prima facie death on its face, accordingly, the provisional bail granted to petitioner nos. 1 and 3 in terms of order dated 24.02.2025 is hereby confirmed with same bailors and bonds.

11. Petitioner Meera Devi is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran/concerned Court, where the case is pending in connection with Yogapatti P.S. Case No. 301 of 2024 corresponding to G.R. No. 89 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.

12. Order dated 24.02.2025, in view of I.A. No. 01 of

4/4 2025 as aforesaid stands corrected and read accordingly.

13. Office is directed to correct cause title accordingly. (Chandra Shekhar Jha, J) veena/- U T