Rekha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19661 of 2021 Arising Out of PS. Case No.-226 Year-2020 Thana- BELAGANJ District- Gaya ====================================================== REKHA DEVI W/o Satendra Manjhi R/O Village - Bhidaspur Tola Sarai, P.S.- Belaganj, District - Gaya.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Jha- Advocate For the Opposite Party/s :

Mr. Anand Mohan Prasad Mehta- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-11-2021 Heard learned counsel appearing for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in connection with Belaganj P. S. Case No.226 of 2020 registered for the offences punishable under Sections 147, 149, 341, 323, 302, 307 of the I.P.C. and section 3⁄4 of the Dayan Act.

From bare perusal of the allegation as alleged in the F.I.R., it would manifest that on 29.07.2020 at about 6.00 P.M. when the mother-in-law of informant was returning to her home after planting paddy, all the F.I.R. named accused persons including this petitioner, called her witch and thereafter assaulted her by means of Lathi and Danda as a result of which she died.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.19661 of 2021(2) dt.15-11-2021 2/2 allegations are general and omnibus in nature and nothing specific has been alleged against this petitioner. There is no eye witness of the occurrence and only on the basis of suspicion, the petitioner has been implicated in this case.

It is further submitted that co-accused Kameshwar Manjhi and others have been granted regular bail by a Bench of this Court vide order dated 06.09.2021 passed in Cr. Misc. No.20278 of 2021. Petitioner is in custody since 31.07.2020 and charge-sheet has been submitted.

Learned A.P.P. opposes the bail application.

Considering the fact that the co-accused persons have been granted regular bail and the charge-sheet has been submitted, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate- XIth, Gaya in connection with Belaganj P. S. Case No.226 of 2020.

(Satyavrat Verma, J) vikash/- U T