Urmila Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25120 of 2022 Arising Out of PS. Case No.-116 Year-2021 Thana- AURAI District- Muzaffarpur ====================================================== Urmila Devi, W/o Bhujangi Sahni R/o village- Shambhuta Mallah Toli, P.S.- Aurai, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Ranjan, Advocate For the Opposite Party/s :
Mrs. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-08-2022 Heard learned counsel for the petitioner and the learned APP for the State.
Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The petitioner is in judicial custody in connection with Aurai P.S. Case No.116/2021 instituted under Sections 147, 148, 149, 341, 323, 447, 448, 307, 504 and 302 of the Indian Penal Code.
The informant, wife of Nawal Sahni has alleged in the FIR named accused armed variously came to their home when they were having the dinner and thereafter it has been alleged that Brijlal Sahni, Kari Sahni, Munni Sahni and Santosh Sahni gave knife blow which resulted into the killing of Sanjeev Sahni, with further allegation that the father Vijay Sahni as also Rajeev Kumar were gave knife blow, who were also injured.
Patna High Court CR. MISC. No.25120 of 2022(2) dt.04-08-2022 2/3 The reason for the said attack is the land dispute. Learned counsel for the petitioner submits that the role has been attributed to Brijlal Sahni, Kari Sahni, Munni Sahni and Santosh Sahni who have given knife blows causing death of a person and injury to the family members of the informant. He further alleges that so far as this petitioner, a lady, is concerned, she has been alleged to be part of the mob who attacked the home of the informant. He further submits that she is in custody since 12.06.2021 (as stated in para-8 of the bail application), does not have any criminal antecedent. Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Aurai P.S. Case No.116 of 2021 to the satisfaction of learned Additional Sessions Judge, XIXth, Muzaffarpur, subject to following conditions:
(i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reasons will entail cancellation of his
Patna High Court CR. MISC. No.25120 of 2022(2) dt.04-08-2022 3/3 bail by the Trial court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.
With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Prakash Narayan /- U T