Baby Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30953 of 2015 Arising Out of PS.Case No. -186 Year- 2015 Thana -WAJIRGANJ District- GAYA ======================================================
1. Sonraba Devi @ Sonrabi Devi @ Gulabi Devi Wife of Birju Manjhi resident of village - Kolhana, Police Station - Wazirganj, District - Gaya .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.34523 of 2015 Arising Out of PS.Case No. -186 Year- 2015 Thana -WAJIRGANJ District- GAYA ======================================================
1. Baby Devi wife of Kuldeep Manjhi
2. Parvati Devi wife of Sibbu Manjhi Both resident of village- Amittha, P.S.- Wazirganj, District- Gaya .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.39548 of 2015 Arising Out of PS.Case No. -186 Year- 2015 Thana -WAJIRGANJ District- GAYA ======================================================
1. Bedami Devi wife of Late Baldeo Manjhi resident of village - Amittha, Police Station - Wazirganj, District - Gaya.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.30953 of 2015) For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Umeshanand Pandit(App) (In Cr.Misc. No.34523 of 2015) For the Petitioner/s : Mr. Sanjay Kr. Sinha For the Opposite Party/s : Mr. Indu Bala Pandey(App) (In Cr.Misc. No.39548 of 2015) For the Petitioner/s : Mr. Sanjay Kr. Sinha For the Opposite Party/s : Mr. Amit Kr. Rakesh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-11-2015 All the three Criminal Miscellaneous are of the same
Patna High Court Cr.Misc. No.30953 of 2015 (3) dt.04-11-2015 2/3 occurrence and, as such, have been heard together and are being disposed of by this common order.
Heard learned counsel for the petitioners and learned A.P.P. representing the State.
Petitioners seek bail in connection with Wazirganj P.S. Case No. 186 of 2015 registered for the offences punishable under Sections 147, 148, 149, 341, 342, 325, 302, 367, 120(B) and 201 of the Indian Penal Code.
Allegedly Jairam Manjhi, brother-in-law of the informant was brought near Panchayat Bhawan of Village Amaitha along with Parwati Kumari by the petitioners and others, having arms in their hands and after tying the hands of both, they badly assaulted them, causing their death and thereafter, they cremated the dead bodies also at Banshi Naala. Submission is that there is no specific allegation against the petitioners and they are ladies. Four co-accused have been allowed pre-arrest bail by another co-ordinate Bench of this Court vide order dated 28.09.2015 passed in Criminal misc. No. 39074 of 2015 and, as such, the petitioners suffering in custody, deserve sympathetic consideration to which the learned A.P.P. is not in a position to distinguish the case of the petitioners to those co-accused who have been allowed pre-arrest bail.
Patna High Court Cr.Misc. No.30953 of 2015 (3) dt.04-11-2015 3/3 In the facts and circumstances stated above, the petitioners, namely, Sonarba Devi @ Sonrabi Devi @ Gulabi Devi, Baby Devi, Parvati Devi and Badami Devi are directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Learned Chief Judicial Magistrate, Gaya arising out of Wazirganj P.S. Case No. 186 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioners will remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail.
(Jitendra Mohan Sharma, J) sushma/- U