Mamta Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31860 of 2023 Arising Out of PS. Case No.-15 Year-2023 Thana- EAST COLONY District- Munger ====================================================== 1.

MAMTA KUMARI D/O PRADIP TANTI R/O Village- Bari Ashikpur, P.SEast Colony, Distt.- Munger. 2.

Raj Nandani Kumari @ Rupa Kumari D/O Pradip Tanti R/O Village- Bari Ashikpur, P.S- East Colony, Distt.- Munger.

3.

Madhu Devi W/O Subodh Tanti R/O Village- Bari Ashikpur, P.S- East Colony, Distt.- Munger.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Indu Bhushan, Advocate For the Opposite Party/s :

Md. Anbzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-06-2023 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioners seek bail in connection with East Colony P.S. Case No. 15 of 2023 registered for the offence under Sections 147, 148, 149, 307, 302, 379, 504, 506, 509 of the Indian Penal Code.

The accused/petitioners are named in the F.I.R. and are in custody since 10.03.2023.

The allegation against the petitioners is to commit

Patna High Court CR. MISC. No.31860 of 2023(2) dt.22-06-2023 2/3 murder of brother of informant alongwith other co-accused persons by assaulting with lathi, danda, rod etc., where occurrence is arises out of previous enmities. Learned counsel appearing on behalf of the petitioners submitted that the petitioners implicated falsely with the present case only being the family members of the named co-accused persons. It is submitted that Occurrence is free fight in nature, for which a cross case was also lodged by petitioner's side, which has been registered as East Colony P.S. Case No. 16 of 2023. It is further submitted that during the occurrence, both parties received injuries. It is also submitted that allegation as regard to assault is very much general and omnibus against all petitioners who are ladies of clean antecedents and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above and by taking note of the fact, as allegation regarding assault is appearing very much general and omnibus against all petitioners, who are ladies of clean antecedents, coupled with the fact that charge-sheet has already been submitted, where

Patna High Court CR. MISC. No.31860 of 2023(2) dt.22-06-2023 3/3 petitioners are in custody since 10.03.2023 accordingly, petitioners above named, are directed to be released on bail in connection with East Colony P.S. Case No. 15 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Munger/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) veena/- U T