Kajal Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13983 of 2023 Arising Out of PS. Case No.-926 Year-2022 Thana- ARA NAGAR District- Bhojpur ====================================================== 1.
KAJAL KUMARI W/O Raja Kumar R/O Village- Chhotaki Singahi, P.SAra Town, District- Bhojpur 2.
Mamta Devi W/O Rajendra Singh @ Manoj Kumar Singh R/O VillageChhotki Singahi, P.S- Ara Town, District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.N.K. Agarwal, Sr. Adv.
Mr. Kumar Rajdeep, Adv.
For the Informant :
Mr. Arvind Kumar For the Opposite Party/s :
Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-05-2023 Heard learned counsel for the petitioners as well as learned APP for the State.
In this case, the petitioners are seeking regular bail in connection with Ara Town P.S. Case No. 926 of 2022, registered for the offences punishable under Sections 147, 148, 149, 341, 324, 307, 302 of Indian Penal Code and Section 25(1b)a, 26, 27, 35 of the Arms Act. As per allegation, co-accused Ritik Singh has assaulted the members of prosecution side at the occasion of immersion of effigy of son god. When the informant went to complaint to the house of the co-accused Ritik Singh, the accused persons Ritik Singh and Raja kumar started firing which hit the informant and his brother Sagar. It has further
Patna High Court CR. MISC. No.13983 of 2023(2) dt.18-05-2023 2/3 been alleged that co-accused Ravi and Raj badly assaulted Dheman and Sagar on their faces with sharp edged weapons. Sagar Kumar Singh became badly injured whereas Dheman Kumar @ Vivek Kumar Singh died sustaining the injuries. The learned counsel for the informant has submitted that the petitioners are innocent. They have falsely been implicated. Members of prosecution side has implicated even the female members of the house. The petitioners are ladies having no criminal antecedent. They are under custody since 02.11.2022 and on similar footing co-accused Pushpa Devi has been granted bail by a coordinate Bench of this Court in Cr. Misc. No. 14062 of 2023. There is no overt act against the petitioner.
Considering the above-mentioned facts and circumstances, let the petitioners above-named be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Session Judge, CJM, Ara in connection Ara Town P.S. Case No. 926 of 2022, subject to the following conditions:- (i) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.
Patna High Court CR. MISC. No.13983 of 2023(2) dt.18-05-2023 3/3 (ii) If the petitioners are found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioners and the learned court below will take decision in accordance with law.
(Nawneet Kumar Pandey, J) Sudha/Sonali U T