Seema Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27720 of 2022 Arising Out of PS. Case No.-16 Year-2022 Thana- MUNGER MUFFASIL District- Munger ====================================================== SEEMA DEVI Wife of Bipin Yadav R/O Village - Bahadur Nagar, P.S.- Muffasil, District - Munger.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar Sinha No.1, Advocate For the Opposite Party/s :

Mr.Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

The case is registered under sections 341, 323, 325, 302, 120(B)/34 of the Indian Penal Code, in connection with Muffasil P.S. Case No. 16 of 2022.

As per the FIR, the informant has alleged that his brother Mohan Yadav was called by his neighbour, Bipin Yadav and thereafter there was noise and he went to the house of Bipin Yadav, his wife (the petitioner) he found that all the accused persons assaulting his brother who subsequently died due to the injury inflicted upon him.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.27720 of 2022(2) dt.01-09-2022 2/3 altogether 12 persons have been implicated in this case of assault of the informant's brother including the petitioner herein. He further submits that she being the lady has already suffered and deserves bail.

Learned counsel for the informant on the other hand submits that the specific allegation in the FIR is that the informant's brother was called to the house of the petitioner, herein and whereafter he was brutally assaulted in which the role of the petitioner cannot be ignored.

Having gone through the FIR and its contents, save and except the fact that omnibus allegation has been made amongst other the petitioner herein, this Court is inclined to grant her the privilege of bail in the backdrop of the fact that she is in custody since 16.1.2022 (as stated in para-5 of the bail application).

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger, in connection with Muffasil P.S. Case No. 16 of 2022 subject to the following conditions: (i) one of the bailors should be the family members of the petitioner, who shall provide official document to show

Patna High Court CR. MISC. No.27720 of 2022(2) dt.01-09-2022 3/3 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 bail by the Trial Court itself;

(iv) he 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 her bail bonds;.

With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Ravi/- U T