Janki Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15266 of 2022 Arising Out of PS. Case No.-329 Year-2021 Thana- BARHARA KOTHI District- Purnia ====================================================== ASHA DEVI @PRAMILA DEVI WIFE OF SUBODH MANDAL RESIDENT OF VILL- BELA PEMU, DARGAH TOLA, P.SBARHARA(RAGHUBANSH NAGAR), DIST- PURNEA. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== WITH CRIMINAL MISCELLANEOUS No. 30098 of 2022 Arising Out of PS. Case No.-329 Year-2021 Thana- BARHARA KOTHI District- Purnia ====================================================== JANKI DEVI W/o Late Jagdish Mandal Resident of Village- Bela Pemu, Dargah Tola, Police Station- Barhara (Raghubansh Nagar), District- Purnea. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 15266 of 2022) For the Petitioner/s :

Mr.Raj Kumar For the Opposite Party/s :

Mr.Suman Kumari Singh (In CRIMINAL MISCELLANEOUS No. 30098 of 2022) For the Petitioner/s :

Mr.Raj Kumar For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-11-2022 As both these bail applications have cropped up from the same police station case number, hence, with consent of parties, they are being heard together and disposed of by this common order.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

Patna High Court CR. MISC. No.15266 of 2022(2) dt.15-11-2022 2/3 Learned counsel for the petitioners undertakes to remove the defects, as pointed out by the office, within four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 302, 307 & 120B of the Indian Penal Code and Section 27 of the Arms Act.

The wife of the informant is said to have been shot dead by co-accused Shambhu Mandal, Sunil Mandal and Madhav Mandal. Petitioners have been made accused in this case merely on suspicion.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to dirty village politics with a motive to capture the share of land of the petitioners. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. The specific overt act has been attributed against co-accused, Shambhu Mandal, Sunil Mandal and Madhav Mandal. Petitioners have no criminal antecedent as mentioned in para-3 of this

Patna High Court CR. MISC. No.15266 of 2022(2) dt.15-11-2022 3/3 application.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Barhara (Raghubansh Nagar) P.S. Case No.329 of 2021, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Trivedi/- U T