Mangal Pati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32376 of 2020 Arising Out of PS. Case No.-137 Year-2020 Thana- GHORASAHAN District- East Champaran ====================================================== 1.

MANGAL PATI DEVI, W/o Ramnath Sah @ Ramashray Sah R/o VillageChampapur Koeria, P.S.- Ghorasahan, District- East Champaran. 2.

Jiyani Devi, W/o Hazarilaal Sah R/o Village- Champapur Koeria, P.S.- Ghorasahan, District- East Champaran.

3.

Sonam Kumari, D/o Ramnath Sah @ Ramashray Sah R/o VillageChampapur Koeria, P.S.- Ghorasahan, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Karandeep Kumar For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-02-2021 Heard Mr. Karandeep Kumar, learned counsel for the petitioners; Mr. Kundar Kumar, learned counsel for the informant; and Mr. Ashok Kumar Singh, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Ghorasahan P. S. Case No. 137 of 2020 dated 17.03.2020, instituted for the offences under Sections 147, 148, 149, 341, 323, 324, 337, 338 and 302 of the Indian Penal Code.

Patna High Court CR. MISC. No.32376 of 2020(2) dt.08-02-2021 2/3 The accusation in the F.I.R. is that the deceased was done to death by all the accused persons but the specific accusation of assault is on Ramnath Sah @ Ramashray Sah and Hazari Lal Sah.

The bail application of Ramnath Sah @ Ramashray Sah and Hazari Lal Sah has been rejected from the High Court.

The learned counsel for the informant has submitted that the bail application of co-accused persons have been rejected from the High Court and therefore the petitioners, even if they are ladies, would be well advised to surrender before the court below and seek bail.

The accusation in the F.I.R. with respect to the petitioners is general and omnibus. They are said to have indulged in brick-bats and pelting of stones. The genesis of the occurrence also appears to be a small dispute. The deceased had allowed the rain water collected on the road to flow in the field of the accused

Patna High Court CR. MISC. No.32376 of 2020(2) dt.08-02-2021 3/3 persons.

Considering the fact that the petitioners are ladies; one of whom is a young person whereas the other is an elderly person, the petitioners, above-named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Sikrahana at Dhaka, East Champaran in connection with Ghorasahan P. S. Case No. 137 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T