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Patna High CourtCR. MISC./21088/2023bail granted

Seema Devi v. The State Of Bihar

2023-07-03Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21088 of 2023 Arising Out of PS. Case No.-202 Year-2022 Thana- PATAHI District- East Champaran ====================================================== 1.

Seema Devi W/O Prabhu Mahto Resident Of Village- Bakhari, P.S.- Patahi, District- East Champaran.

2.

Kishmati Devi W/O Shashi Bhushan Mahto Resident Of Village- Bakhari, P.S.- Patahi, District- East Champaran.

3.

Archana Devi W/O Raju Mahto Resident Of Village- Bakhari, P.S.- Patahi, District- East Champaran.

4.

Kalo Devi W/O Dasai Mahto Resident Of Village- Bakhari, P.S.- Patahi, District- East Champaran.

5.

Shashi Bhushan Mahto S/O Ram Autar Mahto Resident Of Village- Bakhari, P.S.- Patahi, District- East Champaran.

6.

Prabhu Mahto S/O Ram Avtar Mahto Resident Of Village- Bakhari, P.S.- Patahi, District- East Champaran.

... ... Petitioners

Versus

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

For the Petitioners :

Mr.Bal Govind Sharma, Advocate For the Opposite Party :

Mr.Anil Kumar, Addl Public Prosecutor Mr SK Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-07-2023 Heard learned counsel for the petitioners and the State.

Petitioners apprehend arrest in a case registered for the offence punishable under sections 307/379/504 and other ancillary sections of the Indian Penal Code.

As per the prosecution case, all the FIR named accused persons including the petitioners abused and assaulted the informant with iron rod and dab. Accused Dasai Mahto assaulted her with dab on the head. Accused persons also

Patna High Court CR. MISC. No.21088 of 2023(2) dt.03-07-2023 2/2 snatched her ornaments.

Specific allegation of assault with dab is on coaccused Dasai Mahto. There is delay of four days in lodging of the FIR and there is no explanation of delay. Petitioners claim clean antecedent.

Learned counsel for the State as well as the informant oppose the prayer for bail.

Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within six weeks from today, let these petitioners, mentioned above, 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 Chief Judicial Magistrate, Motihari, East Champaran in Patahi Police Station Case No. 202 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashi/- U T