Kabutari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30931 of 2020 Arising Out of PS. Case No.-89 Year-2020 Thana- DURAULI District- Siwan ====================================================== KABUTARI DEVI W/O- Rajendra Manjhi Resident of Village - Chakari, P.S. - Darauli, District - Siwan. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Pandey For the Opposite Party/s :

Mrs Sangita Sharma, APP For the Informant :

Mr. Gaurav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-11-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State. A supplementary affidavit has been filed on behalf of the petitioner seeking correction in paragraph 3 of the bail application. The same be kept on record.

The petitioner seeks bail in a case instituted for the offences under Sections 341, 323, 324, 325, 307, 379, 504, 506, 34 of the Indian Penal Code in which section 302 IPC was added later on. The prosecution case in short is that the accused persons, variously armed assaulted the informant due to which he sustained

Patna High Court CR. MISC. No.30931 of 2020(2) dt.26-11-2020 2/2 injury and later died during treatment.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 23.5.2020. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner is a lady. The petitioner has been implicated in the present case due to previous enmity. On the earlier occasion also, a case was instituted between the parties. General and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. The petitioner has been made accused for oblique reasons. Specific allegation of assault is alleged against co-accused Raju Manjhi. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Darauli P.S. Case No. 89/2020.

(Sudhir Singh, J) Pankaj/- U T