Budhani Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53808 of 2022 Arising Out of PS. Case No.-334 Year-2020 Thana- BISFI District- Madhubani ====================================================== 1.
Budhani Devi W/o Ram Kamat Resident of Village- Bhojpandaul, P.S.- Bisfi, Distt-Madhubani.
2.
Anjali Kumari D/o Ram Kamat Resident of Village- Bhojpandaul, P.S.- Bisfi, Distt-Madhubani.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saroj Kumar, Advocate For the Opposite Party/s :
Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 18-10-2022 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seek bail in connection with Bisfi P.S. Case No. 334 of 2020 registered for the offence under Sections 341, 323, 324, 307, 302, 354, 504, 147, 148 and 149 of the Indian Penal Code.
The accused/petitioners are named in the F.I.R. and are in custody since 20.09.2021.
The allegation against the petitioners is to commit murder of father of the informant alongwith other co-accused
Patna High Court CR. MISC. No.53808 of 2022(2) dt.18-10-2022 2/3 persons, equipped with khanti etc.
Learned counsel appearing on behalf of the petitioners submitted that the allegation, as regard to assault, is very much general and omnibus against these petitioners, rather same is specific against co-accused, namely, Ramesh Mandal. It is submitted that petitioners are ladies and are persons of clean antecedent. While concluding the argument, it is submitted that similarly situated co-accused has already been granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 2818 of 2022 dated 18.05.2022.
Learned APP appearing on behalf of the State while opposing the prayer of bail fairly conceded that the allegation, as regard to assault, is very much general and omnibus against these petitioners.
Considering the facts and circumstances as mentioned above, as allegation of assault is very much general and omnibus against these petitioners, rather same is specific against co-accused, namely, Ramesh Mandal coupled with the fact that petitioners are ladies, let the petitioners, above named, are directed to be released on bail in connection with Bisfi P.S. Case No. 334 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.53808 of 2022(2) dt.18-10-2022 3/3 each to the satisfaction of learned Additional Sessions Judge9th, Madhubani, subject to the following conditions: "(i) Accused/Petitioners shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioners, duly supported by the documents.
(ii) That one of the bailors shall be Shatrughan Kamat, who is the cousin grand father of the petitioner no. 2 and deponent of the present bail petition."
(Chandra Shekhar Jha, J) pooja/- U T