Sita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58489 of 2025 Arising Out of PS. Case No.-66 Year-2024 Thana- MAHKAR District- Gaya ====================================================== Sita Devi Wife of Surendra Manjhi Resident of Village- Adampur, P.S.- Mahkar, District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gajendra Kumar Singh, Adv.
For the Informant :
Mr. Ujjawal Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 27-08-2025 Heard Mr. Gajendra Kumar Singh, learned counsel for the petitioner; Mr. Ujjawal Kumar Singh, learned counsel for the informant and Mr. Ram Priya Sharan Singh, learned APP for the State.
2. The petitioner has prayed for bail in connection with Mahkar P.S. Case No. 66 of 2024 registered for the offence punishable under Sections 147, 148, 149, 448, 341, 342, 323, 307, 302, 504, 506, 120(B) of the Indian Penal Code and Sections 2 & 4 of the Witch Craft Act.
3. The case of the prosecution is that the petitioner along with 11 others being armed with tangi, pasuli, khanti, iron rod and lathi arrived at the door of the informant. They entered in the house of the informant. They pulled his father Jagdish
Patna High Court CR. MISC. No.58489 of 2025(2) dt.27-08-2025 2/3 Manjhi out of his house and started assaulting him. It is further alleged that the FIR named accused persons closed the father of the informant in Anganwari Kendra and while being rushed to hospital, he died.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He also submits that the name of this petitioner is not there in the FIR. It will transpire from the order of the trial court that during investigation, the name of this petitioner has surfaced in the supervision report. It has also been submitted that similarly situated other co-accused namely, Ramsakhiya Devi was named in the FIR has been granted anticipatory bail by this Court vide order dated 05.03.2025 passed in Cr. Misc. No. 15284 of 2025 and other co-accused persons have also been granted bail by learned Co-ordinate Bench of this Court in Cr. Misc. No. 67299 of 2024. The case of this petitioner based on better footing than those petitioners. He further submits that a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and is languishing in judicial custody since 11.05.2025.
5. The application for bail is vehemently opposed by
Patna High Court CR. MISC. No.58489 of 2025(2) dt.27-08-2025 3/3 learned APP for the State and the learned counsel for the informant.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Gaya in connection with Mahkar P.S. Case No. 66 of 2024.
(Ashok Kumar Pandey, J) Sudhanshu/- U T