Patna High CourtCR. MISC./48511/2021bail granted

Kunti Devi v. The State Of Bihar

2022-01-22Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48511 of 2021 Arising Out of PS. Case No.-420 Year-2020 Thana- AMARPUR District- Banka ====================================================== Kunti Devi Wife Of Kamleshwari Mandal @ Kurcha Mandal Resident Of Village- Gangapur Gadhel, P.S.- Amarpur, District- Banka. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee, Advocate For the Opposite Party/s :

Mrs.Dr. Indiwar Kumari, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-01-2022 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 302 and other ancillary sections of the Indian Penal Code. As per the prosecution case, petitioner and other FIR named accused persons, total 14 in number, assaulted the father of the informant by fists and slaps, whereas co-accused Saurabh Kumar assaulted him by means of axe on his head causing his death.

Learned counsel for the petitioner submits that there is general and omnibus allegation of assault against all the accused persons and the specific allegation of causing fatal injury by means of axe is against co-accused Saurabh Kumar. Petitioner has claimed clean antecedent and he is in custody

Patna High Court CR. MISC. No.48511 of 2021(2) dt.22-01-2022 2/2 since 29.5.2021. Similarly situated co-accused have already been allowed bail by a co-ordinate bench of this Court vide Annexure 2.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka in Amarpur Police Station Case No. 420 of 2020.

(Prabhat Kumar Singh, J) Shashi U T