Hira Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20265 of 2021 Arising Out of PS. Case No.-158 Year-2020 Thana- BENIPATTI District- Madhubani ====================================================== 1.

Hira Devi W/O Sonfi Mukhia R/O Village-Behra, Paschim Tola, P.S.- BENIPATTI, District-Madhubani.

2.

Sarita Devi W/O Ramsanehi Mukhiya R/O Village-Behra, Paschim Tola, P.S.-BENIPATTI, District-Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr.Umeshanand Pandit,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-07-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard both parties.

The petitioners seek bail in Benipatti P.S. Case No. 158 of 2020, registered for the offence punishable under Sections 302, 307, 323 and other allied sections of the Indian Penal Code.

As per the prosecution case, all the accused persons including petitioners are alleged to have assaulted the son of informant by means of lathi causing his death. It is submitted on behalf of the petitioners that

Patna High Court CR. MISC. No.20265 of 2021(2) dt.13-07-2021 2/3 petitioners are ladies. Admittedly, there is land dispute between the parties. There is general and omnibus allegation against all the accused persons and no specific overt act has been alleged against these petitioners. Petitioners are in custody since 27.09.2020 having clean antecedent, as stated in para 3 of the petition.

Considering the period of custody and the fact that there is general and omnibus allegation, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate Ist, Madhubani in connection with Benipatti P.S. Case No. 158 of 2020, subject to following conditions:- (i) The petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, their bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty

Patna High Court CR. MISC. No.20265 of 2021(2) dt.13-07-2021 3/3 to move for cancellation of bail of the petitioners. (Prabhat Kumar Singh, J) vinita/- U T