Marni Devi @ Maro Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36968 of 2022 Arising Out of PS. Case No.-12 Year-2019 Thana- MEDNI CHAUKI District- Lakhisarai ====================================================== 1.
Marni Devi @ Maro Devi Wife Of Kamli Bind Resident Of VillageBasgarha, Bind Toli, P.S.- Medni Chowki, District- Lakhisarai 2.
Dharmraj Bind Son Of Kamli Bind Resident Of Village- Basgarha, Bind Toli, P.S.- Medni Chowki, District- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar, Adv.
For the Opposite Party/s :
Mr. Jagdhar Prasad, APP For the Informant/s :
Mr. Rananjay Kumar, Adv. with Mr. Kumar Binode Bariar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-09-2022 Let the defect(s), if any, be removed within two weeks from today.
Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners seek regular bail in connection with Medni Chauki P.S. Case No. 12 of 2019 lodged under Sections 341, 323, 324, 302, 504, 506, 34 of the I.P.C. As per the prosecution case, the allegation of assaulting has been made against 5 named accused persons. The specific allegation to attack on the head of the informant's husband by iron rod is upon Shobha Devi. Upon the present petitioners, the allegation is that they entered in the house and
Patna High Court CR. MISC. No.36968 of 2022(2) dt.21-09-2022 2/3 attacked on the motorcycle.
Learned counsel for the petitioners submit that the petitioners are in custody since 05.04.2022 having clean antecedent and charge sheet has already been filed in this case. It has been further submitted that the other co-accused having similar allegations, namely, Kamali Bind has been granted bail by the Co-ordinate Bench of this Court vide order dated 02.02.2022 passed in Cr. Misc. No. 41302 of 2021. Learned counsel for the State opposes the prayer for bail.
Learned counsel for the informant vehemently opposes the prayer for bail.
In the present facts and circumstances of this case and the submissions made above, let the petitioners 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, Lakhisarai in connection with Medni Chauki P.S. Case No. 12 of 2019, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioners shall support in trial and shall appear physically before the lower court on each and every date
Patna High Court CR. MISC. No.36968 of 2022(2) dt.21-09-2022 3/3 fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.
B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioners.
C. The petitioners shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.
With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) sadique/- U T