Pachiyan Devi And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.9871 of 2018 (2) dt.19-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9871 of 2018 Arising Out of PS.Case No. -49 Year- 2015 Thana -FATEHPUR District- GAYA ======================================================

1. Pachiyan Devi, wife of Sukar Sao

2. Sita Devi wife of Kailash Sao both resident of Village REgauni, PS Fatehpur, District Gaya .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Nand Kishore Prasad Sinha For the Opposite Party/s : Mr. Md. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 19-02-2018 Heard learned Counsel for the petitioners and the State. Petitioners, already in custody, seek bail in Fatehpur PS Case No. 49 of 2015 registered under Sections 147, 148, 149, 341, 323, 325, 302, 201 and 504 of the IPC.

The allegation in brief is that due to dispute with regard to irrigation from the common well the accused persons assaulted informant's father and mother as a result of which his father died. Learned Counsel for the petitioners submits that there is general and omnibus allegation against all, no specific overt act alleged against the petitioners, these two petitioners are women and are in custody since 27.12.2017. Kailash Sao and Sukar Sao, other two co-accused, were earlier admitted to bail and the petitioners have no criminal antecedent.

Having considered the said facts and circumstances, the petitioners, namely, Pachiyan Devi and Sita Devi are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) by both of them with two sureties of the like amount each to the satisfaction of ACJM Xth, Gaya in connection with Fatehpur PS Case No. 49 of 2015.

(Arun Kumar, J.) Snkumar/- U T