Mina Devi@ Mina Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31040 of 2025 Arising Out of PS. Case No.-475 Year-2022 Thana- NARPATGANJ District- Araria ====================================================== 1.
Mina Devi@ Mina Kumari W/O Paritosh Kumar Singh R/O Jhakaargarh, Ward NO.- 01, P.S.- Chhatapur, District - Supaul, State - Bihar - 852137 2.
Paritosh Kumar Singh@ Paritosh Singh@ Sagar Suman S/O Manoj Singh R/O Jhakaargarh, Ward NO.- 01, P.S.- Chhatapur, District - Supaul, State - Bihar - 852137 3.
Manoj Singh@ Manoj Kumar Singh S/O Late Jageshwar Singh R/O Jhakaargarh, Ward NO.- 01, P.S.- Chhatapur, District - Supaul, State - Bihar - 852137 4.
Gita Devi W/O Manoj Singh R/O Jhakaargarh, Ward NO.- 01, P.S.- Chhatapur, District - Supaul, State - Bihar - 852137 5.
Chotu Kumar @ Bipin Kumar S/O Manoj Singh R/O Jhakaargarh, Ward NO.- 01, P.S.- Chhatapur, District - Supaul, State - Bihar - 852137 ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhiresh Kumar Dhiraj, Advocate For the Informant :
Mr. Ranjay Kumar Singh, Advocate For the Opposite Party/s :
Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-08-2025 Heard Mr. Dhiresh Kumar Dhiraj, learned counsel for the petitioners, Mr. Ranjay Kumar Singh, learned counsel for the Informant and Mr. Jagdhar Prasad, learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Narpatganj P.S. Case No.475 of 2022, F.I.R. dated 02.11.2022 for the offences punishable under Sections 302, 201/34 of Indian Penal Code.
3. According to prosecution case, the informant alleged that the petitioners along with other accused persons have killed
Patna High Court CR. MISC. No.31040 of 2025(3) dt.05-08-2025 2/3 his son, namely, Mithilesh Kumar in his Sasural.
4. Learned counsel for the petitioners submits that petitioners have clean antecedent and they have falsely been implicated in the present case. The allegation as alleged is false and fabricated and the petitioners have not committed any offence as alleged in the FIR. It appears from the FIR that there is no specific allegation of assault or overt act against these petitioners and except the confessional statement of co-accused person, namely, Soni Devi, which was recorded in the case diary, no other cogent material has come during investigation which suggest the involvement of the petitioners in the present occurrence.
5. The learned Additional Public Prosecutor as well as learned counsel for the Informant have vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances, petitioners have clean antecedent and there is no specific allegation against these petitioners in the FIR, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released 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 the learned Judicial Magistrate 1st Class cum AM-V, Araria in connection with Narpatganj P.S. Case No.475 of
Patna High Court CR. MISC. No.31040 of 2025(3) dt.05-08-2025 3/3 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i. Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. ii. If the petitioners tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Suruchi/- U T