Komal Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67129 of 2021 Arising Out of PS. Case No.-103 Year-2021 Thana- SITAMARHI District- Sitamarhi ====================================================== 1.
KOMAL KUMARI Daughter of Chandra Prakash Mandal Resident of Janki Asthan, Ward No. 5, Mandal Nagar, P.S. and District- Sitamarhi. 2.
Rekha Devi W/o Chandra Prakash Mandal Resident of Janki Asthan, Ward No. 5, Mandal Nagar, P.S. and District - Sitamarhi. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saurabh Kumar, Advocate For the Opposite Party/s :
Mr. Tarun Prasad Mandal, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-04-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.
Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioners seek bail in a case registered for the offences punishable under Sections 147, 148, 149, 302 and 504 of the Indian Penal Code.
Learned counsel for the petitioners submits that the petitioners are in custody since 08.02.2021, charge-sheet has been submitted and are persons with clean antecedent and are women.
The informant alleges that his nephew Vicky Kumar (deceased) took rupees two from Chhotu Kumar and returned
Patna High Court CR. MISC. No.67129 of 2021(2) dt.18-04-2022 2/3 the same to Chhotu Kumar but he even after return of the money started abusing and stabbing in the chest to the nephew of the informant in which Chhotu Kumar was helped by the petitioners.
Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case and from perusal of the allegation as alleged in the FIR, it would manifest that the entire allegation hinges around Chhotu Kumar being the assailant of the deceased. Learned counsel further submits that petitioners, who are sister and mother of Chhotu Kumar, have been falsely implicated as the FIR does not even remotely suggest that in what manner the petitioners helped Chhotu Kumar in stabbing the deceased.
Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioners.
Considering the fact that the petitioners are in custody since 08.02.2021, are persons with clean antecedent, chargesheet has been submitted and in the nature of allegation as alleged, the petitioners, above named, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is
Patna High Court CR. MISC. No.67129 of 2021(2) dt.18-04-2022 3/3 pending in connection with S.T. No. 180 of 2021 arising out of Sitamarhi P.S. Case No. 103 of 2021.
(Satyavrat Verma, J) Kundan/- U T