Patna High CourtCR. APP (SJ)/371/2020allowed

Mamta Devi v. The State Of Bihar

2020-07-14Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.371 of 2020 Arising Out of PS. Case No.-322 Year-2019 Thana- SIKANDRA District- Jamui ====================================================== MAMTA DEVI, W/o Pawan Yadav, R/o village- Rishidih, P.S.- Sikandra, District- Jamui.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Ankur Prakash Sinha, Adv.

For the Respondent/s :

Mr. Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 14-07-2020 Heard learned counsel for the appellant as well as learned Additional Public Prosecutor.

Deceased Bipin Yadav engaged Govardhan Manjhi for digging field which was disliked by the co-villager Bhiru Yadav and Balwant Yadav who abused and fisted Govardhan Manjhi while he was at the shop of Manoj Sao. Hearing cry, the informant and his brother Bipin Yadav came to rescue Govardhan Manjhi, whereupon Sanoj Yadav, Raj Kumar Yadav, Manoj Yadav, Girja Yadav, Pawan Yadav caught hold Bipin Yadav and dragged him towards the house of Raj Kumar Yadav where, on an order of Raj Kumar Yadav, Sanoj Yadav gave Gandasa blow over the head of Bipin Yadav which was handed over to him by his wife Rima Devi. It has further been disclosed that when his brother Bipin Yadav rushed towards the potato

Patna High Court CR. APP (SJ) No.371 of 2020(9) dt.14-07-2020 2/2 field, Manoj Yadav, Girja Yadav, Pawan Yadav and Bhiru Yadav again encircled him then, Sanoj Yadav severed his neck. He tried to intervene, whereupon he was also assaulted. At that very time Mamta Devi (petitioner), Shanti Devi, Anju Devi and Manka Devi were instigating.

Considering the nature of allegation in consonance with the period of custody, appellant Mamta Devi is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned trial court (1st Additional District & Sessions Judge cum Special Judge, Jamui) in connection with Sikandra P.S. Case No.322 of 2019, after setting aside the order dated 06.01.2020 passed by the learned 1st Additional Sessions Judge cum Special Judge, SC/ST Act, Jamui in Sikandara P.S. Case No.322 of 2019.

Appeal is allowed.

(Aditya Kumar Trivedi, J) skpathak/- U T