Manorama Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32602 of 2023 Arising Out of PS. Case No.-219 Year-2020 Thana- JHAJHA District- Jamui ====================================================== MANORAMA DEVI Wife of Nunuram Das Resident of village-Dhobiyakura, P.S.-Jhajha, District-Jamui ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Irshad Ahmad Khan, Adv.

For the Opposite Party/s :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-09-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends her arrest in a case registered for the offence punishable u/s 147, 148, 149, 341, 323, 307, 302, 504, 506 of the IPC.

3.

Allegation against the petitioner is that she along with other accused persons has indiscriminately assaulted the informant and one Rajendra Das by means of various weapons, who sustained grievous injury and died.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. Although 25 accused persons are named in

Patna High Court CR. MISC. No.32602 of 2023(4) dt.18-09-2023 2/2 the F.I.R. but the petitioner being a lady had no specific role in the alleged offence, at best, she can be said to be a member of the mob. Petitioner has no criminal antecedent and similarly situated co-accused namely Usha Devi has been granted anticipatory bail by this Court vide order dated 28.06.2022 passed in Cr. Misc. No.58434/2021 and one Beby Kumari has been granted anticipatory bail by a co-ordinate Bench vide order dated 18.05.2022 passed in Cr. Misc. No.60210 of 2021. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of her 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) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Jhajha P.S. Case No.219/2020 (G.R. No.2005/2020), subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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