Kaushalya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39549 of 2023 Arising Out of PS. Case No.-41 Year-2022 Thana- ISHIPUR District- Bhagalpur ====================================================== 1.

Kaushalya Devi Wife Of Sadhu Mahto Resident Of Village - Kisnichak, Police Station - Ishipur, District - Bhagalpur. 2.

Poonam Devi @ Poonam Kumari Daughter Of Sadhu Mahto Resident Of Village - Kisnichak, Police Station - Ishipur, District - Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Praveen Kumar, Adv.

For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-07-2023 Let the defect(s), if any, be removed within two weeks from today.

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

3. The petitioners seek regular bail in connection with Ishipur (Barahat) P.S. Case No. 41 of 2022 registered on 26.10.2022 lodged under Sections 302, 504, 506,120(B) of the I.P.C. and under Section 27 of the Arms Act.

4. As per the prosecution case, F.I.R. has been lodged against 7 named accused persons, including the petitioners.

5. Counsel for the petitioners submits that specific allegation of firing on the informant is against Ranjit Mahto and Sujit Mahto. He submits that in the later part of the F.I.R. 7 names have been disclosed, including the present petitioners.

6. Counsel further submits that petitioners are innocent and have committed no offence. He submits that petitioners are in

Patna High Court CR. MISC. No.39549 of 2023(2) dt.07-07-2023 2/2 custody since 20.05.2022. Counsel submits that petitioner no.1 is an 60 years' old woman and petitioner no.2 is an 30 years' old woman. He further submits that other named co-accused persons have been granted bail by the Co-ordinate Bench of this Court vide order dated 24.04.2023 in Cr. Misc. No.69513 of 2022, 14.02.2023 in Cr. Misc.52867 of 2022 and 10.02.2023 in Cr. Misc.58928 of 2022.

7. Learned counsel for the State opposes the prayer for bail.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XIII, Bhagalpur in connection with Ishipur (Barahat) P.S. Case No. 41 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

9. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) Ashishsingh/- U T