Patna High CourtCR. MISC./12495/2020partly allowed disposal

Munia Devi @ Munni Devi v. The State Of Bihar

2020-03-06Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12495 of 2020 Arising Out of PS. Case No.-552 Year-2019 Thana- BARACHATTI District- Gaya ====================================================== 1.

Munia Devi @ Munni Devi Wife of Suresh Yadav 2.

Shanti Devi Wife of Ganesh Yadav 3.

Kunti Devi @ Kanti Devi Wife of Kameshwar Yadav 4.

Gauri Devi Wife of Ramashish Yadav 5.

Anar Devi Wife of Jageshwar Yadav 6.

Devaki Yadav S/O - Agnu Yadav All resident of Village - Fulari, P.S.- Mohanpur, District- Gaya ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Ajay Kumar Sinha, Advocate For the State :

Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-03-2020 Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing on behalf of the State. The petitioners are apprehending arrest in connection with Barachatti (Mohanpur) P.S. Case No. 552 of 2019 for offences under Sections 341, 323, 337, 338, 307, 379, 504 and 506/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners have no criminal antecedent.

The allegation against the petitioners is that they

Patna High Court CR. MISC. No.12495 of 2020(2) dt.06-03-2020 2/3 assaulted the informant side with lathi, danda, bhala and iron rod.

So far as petitioner no. 6 Devaki Yadav is concerned, learned counsel appearing on behalf of the State submits that there is specific allegation of assault is against petitioner no. 6. Considering the fact that there is specific allegation of assault is against petitioner no. 6 Devaki Yadav, this Court is not inclined to grant bail to him. His application is rejected. In the event petitioner no. 6 surrenders before the court below and prays for regular bail, the court below will dispose of the same on its own merits on the same day without being prejudiced by the order of rejection of this application. Considering the fact that petitioner nos.

1 to 5, namely, Munia Devi @ Munni Devi, Shanti Devi, Kunti Devi @ Kanti Devi, Gauri Devi and Anar Devi are ladies and there is no specific allegation of any overt act against them, this Court is inclined to grant bail to them. Let petitioner nos. 1 to 5, abovenamed, in the event of arrest or surrender within one month from today, be released on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.12495 of 2020(2) dt.06-03-2020 3/3 Barachatti (Mohanpur) P.S. Case No. 552 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anil Kumar Upadhyay, J) BT/- U