Kamani Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11640 of 2021 Arising Out of PS. Case No.-57 Year-2020 Thana- MADHWAPUR District- Madhubani ====================================================== 1.
Kamani Devi Wife of Mr. Krishna Pandey, 2.
Krishna Pandey, Son of Late Sahaj Narain Pandey, Both Residents of Village - Ekari, P.S. - Madhwapur, District - Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vaishnavi Singh, Adv.
For the Opposite Party/s :
Mr. Shyam Nandan Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-07-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual court proceedings. Learned counsel for the petitioners undertake to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioners seek bail in a case registered for the offence punishable under Sections 341, 323, 325, 307, 498(A), 354, 379, 504, 506, 34 of the Indian Penal Code. Allegation against the petitioners including the accused persons is said to have assaulted the informant and his family member due to land dispute.
Patna High Court CR. MISC. No.11640 of 2021(2) dt.13-07-2021 2/3 Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. He further submits that as per FIR, it is evident that the same has neither been lodged by the so-called injured nor by her husband and the same has been lodged by the father-in-law of the brother of petitioner no.2. There is land dispute for partition between the parties. Petitioner no.1 is Bhaisur of the victim. The petitioners are languishing in judicial custody since 17.09.2020. The petitioner no.1 has got no criminal antecedent and petitioner no.2 has got one criminal antecedent which is mentioned in para 3 of the bail petition.
Learned counsel for the informant submits that the petitioners have assaulted victim by deadly weapons for the purpose of killing her and the injury is grievous in nature which is mentioned in para 70 of the case diary of impugned order. Learned APP for the State opposes the prayer for bail of the petitioners.
Considering the aforesaid facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each in connection with Benipatti P.S. Case No. 57/2020 to the
Patna High Court CR. MISC. No.11640 of 2021(2) dt.13-07-2021 3/3 satisfaction of learned Court below where the case is pending/ successor court.
(Anjani Kumar Sharan, J) amitkumar/- U T