Manju Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57297 of 2024 Arising Out of PS. Case No.-74 Year-2024 Thana- KALYANPUR District- Samastipur ====================================================== 1.
MANJU DEVI WIFE OF PRAMOD MAHTO RESIDENT OF VILLAGE - PURSHAUTOMPUR, POLICE STATION - KALYANPUR, DISTRICT - SAMASTIPUR 2.
RINKU DEVI @ PINKU DEVI WIFE OF MUNNA MAHTO RESIDENT OF VILLAGE - PURSHAUTOMPUR, POLICE STATION - KALYANPUR, DISTRICT - SAMASTIPUR 3.
JYOTI KUMARI DAUGHTER OF PRAMOD MAHTO RESIDENT OF VILLAGE - PURSHAUTOMPUR, POLICE STATION - KALYANPUR, DISTRICT - SAMASTIPUR ... ... Petitioners.
Versus
THE STATE OF BIHAR. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashank Shekhar, Advocate For the Opposite Party/s :
Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-09-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 354, 379, 380, 323, 465, 467, 468, 506 and 201 of the Indian Penal Code.
3. As per the F.I.R., a partition was going to be held between the brothers of husband of the informant but one Kailash Mahto, who happens to be one of the brother of the informant, forcefully tried to grab the land of the informant. It is further alleged that thereafter the accused persons caught her husband
Patna High Court CR. MISC. No.57297 of 2024(2) dt.11-09-2024 2/3 and encircled the rope in the neck of the informant and started to pull due to which the husband of the informant died. They also assaulted the members of the informant's side by means of legs and fist.
4. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. It is further submitted that the entire allegation made in the F.I.R. is wholly absurd and concocted. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Both the parties are agnates and there is admitted land dispute between them. Both sides have filed cases against each other. Petitioners are female and have no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case as well as the fact that the petitioners are female and the allegations against them is not specific, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the
Patna High Court CR. MISC. No.57297 of 2024(2) dt.11-09-2024 3/3 like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Kalyanpur P.S. Case No.74 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T