Kanti Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37987 of 2018 Arising Out of PS. Case No.-69 Year-2018 Thana- BALIYA District- Begusarai ======================================================

1. Kanti Devi Wife of Manoj Yadav

2. Asha Devi Wife of Bijo Yadav @ Bijay Yadav Both residents of Village - Lal Diara, Police Station - Balia, District - Begusarai. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar, Adv For the State :

Mr. Bal Mukund Prasad Sinha, APP For the Informant :

Jai Kishor Poddar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-09-2018 Heard learned counsel for petitioners and learned counsel for the State as well as learned counsel for the Informant.

Petitioners seeks bail in Balia P.S. Case No. 69 of 2018 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

Allegation against the petitioners is that the petitioners along with other co-accused persons assaulted the informant and his cousin brother with lathi, danda and iron-rod, which resulted in death of the cousin brother of the Informant. It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case

Patna High Court Cr.Misc. No.37987 of 2018(3) dt.07-09-2018 2/2 due to village politics. There is general and omnibus allegation against the petitioners. Similarly, situated co-accused persons have been granted anticipatory bail by a co-ordinate bench of this Court vide order dated 03.08.2018 passed in Criminal Miscellaneous No. 45421 of 2018. Petitioners have got no criminal antecedent and are in custody since 21.03.2018. Learned counsel for the Informant vehemently opposes the prayer for bail.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Balia P.S. Case No. 69 of 2018.

(S. Kumar, J) ranjan/- U