Fulo Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32674 of 2023 Arising Out of PS. Case No.-133 Year-2022 Thana- BAJPATTI District- Sitamarhi ====================================================== 1.
FULO DEVI W/O RAM PRASAD MAHTO R/O Village- Barwatola, P.SBajpatti, Distt.- Sitamarhi. 2.
Leela Devi W/O Om Prakash Mahto R/O Village- Barwatola, P.S- Bajpatti, Distt.- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Pd. Singh, Sr.Adv.
Mr. Virendra Kumar, Adv.
For the Opposite Party/s :
Mr.Umeshanand Pandit,APP Mr.Ashok Kumar Jha, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-08-2023 Heard learned counsel for the petitioners, State and informant.
2. The petitioners apprehend their arrest in a case registered for the offence under Section 302/34 of the Indian Penal Code.
3. As per the prosecution story, on 15.05.2022 at about 2.30 pm while the informant was returning his house from Sitamarhi, near Barwa Tola of Bajpatti, all the accused persons including these petitioners tried to stop him near the house of co-accused Om Prakash Mahto, but he managed to flee away by his motorcycle. It is further alleged that accused Om Prakash overtook him near Genpur chowk by Apache Motorcycle and
Patna High Court CR. MISC. No.32674 of 2023(3) dt.08-08-2023 2/3 other accused persons also reached there and thereafter they started assaulting him. It is further alleged that on getting this information, when mother of the informant came with 2-3 other villagers in his rescue, they were also assaulted by the accused persons. The reason behind the occurrence is a dispute which took place on 13.05.2022 in the marriage of daughter of coaccused Om Prakash
4. It is submitted on behalf of petitioners that specific accusation of assault is against co-accused Om Prakash and Ram Prasad. So far as these petitioners are concerned, there is general and omnibus allegation and in course of investigation, police had not chargesheeted these petitioners. Similarly situated other co-accused persons have already been granted bail by this Court. Petitioners are ladies and have got clean antecedent.
5. Learned A.P.P. for the State and learned counsel for the informant have opposed the bail petition.
6. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the
Patna High Court CR. MISC. No.32674 of 2023(3) dt.08-08-2023 3/3 satisfaction of learned S.D.J.M., Pupri, District - Sitamarhi / concerned court in connection with Bajpatti P.S. Case No. 133 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) anay/- U T