Mintu Devi v. The State Of Bihar
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IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69588 of 2022 Arising Out of PS. Case No.-463 Year-2021 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== 1.
Mintu Devi W/O Manoj Ray @ Manoj Kumar Ray Resident Of VillageRahimpur, Rudauli, P.S.- Samastipur Muffasil, District- Samastipur. 2.
Rinku Devi W/O Firoz Ray Resident Of Village- Rahimpur, Rudauli, P.S.- Samastipur Muffasil, District- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bijay Bhushan Prasad, Advocate For the Opposite Party/s :
Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-04-2023 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Samastipur Muffasil P.S. Case No. 463 of 2021 registered for the offences punishable under Sections 447, 448, 341, 323, 354, 324, 427, 504, 302/34 of the Indian Penal Code . It is alleged that co-accused Sangam Kumar entered into informant's house and tried to commit rape her daughter, on raising alarm co-accused Sangam Kumar was caught by the husband of the petitioner but in the meantime, all the FIR named accused persons including these petitioners
Patna High Court CR. MISC. No.69588 of 2022(2) dt.04-04-2023 2/3 armed with weapons came there and assaulted the husband of the informant causing his death.
Allegation of commission of assault is general and omnibus in nature. It is next submitted that during the course of investigation, the statement of father and brother of the deceased was recorded wherein they have stated that dispute arose because of falling of water at their door when Sangam Kumar came and started assaulting the victim on which the deceased protested and there was an altercation and thereafter all the accused persons came and assaulted the deceased leading to his death. Lastly it is submitted that similarly situated person Sunny Kumar has already been granted anticipatory bail vide order dated 15.12.2022 in Cr. Misc. No. 24997 of 2022 by a coordinate bench of this High Court. Both petitioners are female and have got no criminal antecedent.
Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of the
Patna High Court CR. MISC. No.69588 of 2022(2) dt.04-04-2023 3/3 learned Additional Chief Judicial Magistrate, -II, Samastipur in Samastipur Muffasil P.S. Case No. 463 of 2021 subject to condition as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Singh, J) N.K/- U T