Kashi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18722 of 2025 Arising Out of PS. Case No.-362 Year-2024 Thana- SIKANDRA District- Jamui ====================================================== 1.

Kashi Devi W/o- Late Prasadi Manjhi Resident of village- Shivdih PSSikandra, Dist- Jamui, A/P- Pathakchak Ps- Sikandra Dist- Jamui 2.

Minta Kumari @ Mamta Kumari D/o- Late Prasadi Majhi, W/o- Indradev Manjhi village- Shivdih PS- Sikandra, Dist- Jamui,A/P- Bhandar Ps- Chanan Dist- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brajesh Prasad Gupta, Adv For the Opposite Party/s :

Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 16-04-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody in connection with Sikandra P.S Case No. 362/2024 registered for the offences punishable under Sections 140(2), 61(2), 3(5) of B.N.S and 3⁄4 of the Explosive Substance Act.

3. As per allegation in the FIR, petitioners along with other co-accused persons has given explosive substance to the informant's mother in order to implicate her and also kidnapped the informant who has been recovered by the police personnel.

4. Learned counsel for the petitioner submits that petitioners have falsely been implicated in this case. He next submits that one land dispute is going between the petitioners and the

Patna High Court CR. MISC. No.18722 of 2025(2) dt.16-04-2025 2/2 informant. Moreover, petitioners are illiterate ladies so they are not aware of the fact that what is legal and what is illegal. During the course of investigation, police couldn't collect evidence against the petitioners and all the witnesses are the constable of the police. He further submits that by conspiracy, police implicated the petitioners in this case who was herself there to file the case for her son's abduction. It is also submitted that petitioners are in judicial custody since 22.11.2024. Petitioner no. 1 possesses one criminal antecedent whereas petitioner no. 2 has clean antecedent.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioners.

6. On perusal of the FIR, impugned order dated 13.02.2025 and period of custody as well as the fact the both the petitioners are lady and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the learned counsel for the petitioner, let the above named petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Jamui in connection with Sikandra P.S. Case No. 362 of 2024 (Ramesh Chand Malviya, J) Sunnykr/- U