Chinta Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49651 of 2024 Arising Out of PS. Case No.-103 Year-2024 Thana- MIRGANJ District- Gopalganj ====================================================== 1.
CHINTA DEVI W/O OCIHAR SINGH @ OSHIHAR SINGH R/O VILLAGE- KUSHAUNDHI, P.S- MIRGANJ, DIST.- GOPALGANJ. 2.
KUNDAN SINGH S/O RAMAJI SINGH @ RAMA SINGH R/O VILLAGE- KUSHAUNDHI, P.S- MIRGANJ, DIST.- GOPALGANJ. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Roy, Advocate For the Opposite Party/s :
Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-09-2024 Heard learned counsel for the petitioners, learned APP for the State and perused the case diary.
2. The petitioners seek bail in connection with Mirganj P.S. Case No. 103 of 2024 instituted for the offences under Sections 302, 120B, 34 of the Indian Penal Code.
3. Prosecution story, in brief, is that all the accused persons including this petitioner came at the house of the informant and asked for her son. When the informant's son came out, co-accused Oshiar Singh blowed knife in his stomach due to which he sustained serious injuries and later on, died during treatment.
4. Learned counsel for the petitioners submitted that
Patna High Court CR. MISC. No.49651 of 2024(3) dt.21-09-2024 2/2 petitioners have falsely been implicated in the present case. Learned counsel for the petitioners submits that general and omnibus allegation has been made against these petitioners. No specific overt act is alleged against these petitioners. The specific allegation of giving knife blow on the stomach of the informant is against co-accused Oshiar Singh. It has been submitted on behalf of the petitioners that the petitioners are in custody since 19.03.2024 and have no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances of the case, general and omnibus allegation against the petitioners, as also the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Mirganj P.S. Case No. 103 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T