Sonia Devi @ Fonia Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37220 of 2021 Arising Out of PS. Case No.-74 Year-2020 Thana- RAGHOPUR District- Vaishali ====================================================== SONIA DEVI @ FONIA DEVI W/o SHRI KASHI RAI ALIAS KASHEE RAY Resident of Village - Mohanpur, P.s.- Raghopur, Distt.- Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vaishnavi Singh For the Opposite Party/s :
Mr. Amitesh Kumar Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 13-12-2021 Heard learned counsel for the petitioner and learned APP for the State.
This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office. Petitioner seeks bail in connection with Raghopur P.S. Case No. 74 of 2020 registered under Sections 147, 149, 448, 341, 323, 307 and 302 of the Indian Penal Code. Co-accused Randhir Rai, Bhullu Rai, Tetar Rai and others have been named in the FIR as being perpetrators of indiscriminate assault on family members of the informant. The petitioner's counsel submits that the scuffle has taken place at the spur of the moment between the
Patna High Court CR. MISC. No.37220 of 2021(2) dt.13-12-2021 2/3 prosecution side and the accused side and both have sustained injury in the process. There is a counter version of the allegations to be found in FIR bearing Raghopur P.S. Case No. 80/2020. The petitioner, a female member of the family of accused side, has been made an accused on extraneous considerations. She has also sustained injuries in the scuffle that has raised and having no criminal antecedents. She is in custody now since 22.02.2021.
Learned APP has opposed the prayer for bail.
Considering the rival submissions as also the facts and circumstances of the case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. Let the petitioner above named 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 Additional Chief Judicial Magistrate IX, Vaishali at Hajipur in Raghopur P.S. Case No. 74 of 2020, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also
Patna High Court CR. MISC. No.37220 of 2021(2) dt.13-12-2021 3/3 undertake to inform the Court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
(Madhuresh Prasad, J) SUMIT/- U T