Kari Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29191 of 2023 Arising Out of PS. Case No.-101 Year-2021 Thana- LADAIYATAR District- Munger ====================================================== Kari Devi, wife of Arjun Kora, Resident of New Paisra P.S. Laraiyatad District Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajit Kumar Singh, Advocate For the Opposite Party/s :
Mr.Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-06-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Sessions Trial No. 86 of 2023 arising out of Laraiyatad P.S. Case No. 101 of 2021 lodged on 24.12.2021 under Sections 147, 148, 121A, 124A, 342, 302/506 of the Indian Penal Code and Sections 16, 17, 18, 19, 20, 21 and 22 of the the Unlawful Activities (Prevention) Act, pending before the 7th ADJ, Munger.
3. As per the prosecution, the allegation of commission of murder of newly elected Mukhiya of Aazimaganj Panchayat, district Munger is there against 20 named accused persons by chopping his head.
4. Learned counsel for the petitioner submits that it is true that there are 20 named accused person including the
Patna High Court CR. MISC. No.29191 of 2023(2) dt.05-06-2023 2/3 present petitioner in this case. In addition to that there are some unknown persons who were also made accused but it is also true that the petitioner is a female and no specific allegation is there in the FIR against any of the accused persons. Learned counsel further submits that the petitioner's antecedent is not clear. There is one case pending against the petitioner and she is in custody since 29.11.2022. It is further submitted that vide annexure -2, five co-accused of this police case have been granted regular bail by the co-ordinate Bench of this Court. Therefore, the petitioner being the woman may be directed to be released on bail
5. Learned APP for the State submits that the petitioner is a member of naxal and she along with other accused persons brutally murdered the elected mukhiya and allegation of the Unlawful Activities (Prevention) Act is there against the accused persons.
6. It is true that the five similarly situated accused persons have been granted regular bail by the co-ordinate Bench of this Court but their period of custody is more than the custody of the present petitioner.
7. In this background, I am not inclined to grant regular bail to the petitioner.
Patna High Court CR. MISC. No.29191 of 2023(2) dt.05-06-2023 3/3
8. Accordingly, the prayer for regular bail of the petitioner is rejected.
9. However, liberty is granted to the petitioner to renew the prayer for regular bail after framing of charge in this case.
10. The trial Court is directed to release the petitioner on bail after framing of charge imposing its own condition so that that the petitioner may not evade appearance before the trial Court on the date fixed.
(Dr. Anshuman, J) Ashwini/- U