Masomat Kari Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72529 of 2021 Arising Out of PS. Case No.-191 Year-2020 Thana- PRANPUR District- Katihar ====================================================== 1.
MASOMAT KARI DEVI WIFE OF LATE NARAYAN RAY, R/O - BARJHALLA MUSHAHARI, P.S.- PRANPUR, DISTRICT- KATIHAR. 2.
HAFLI DEVI WIFE OF VISHESHWAR RAY, R/O - BARJHALLA MUSHAHARI, P.S.- PRANPUR, DISTRICT- KATIHAR.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar Singh For the Opposite Party/s :
Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 30-05-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month.
Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State. The petitioners are seeking regular bail in connection with Pranpur P.S. Case No. 191 of 2020 registered for offence punishable under sections 302, 120B/34 of the Indian Penal Code.
As per allegation, a case was going on between both the parties. In that case, the wife of the informant was witness and she had deposed, whereupon co-accused Neera Devi
Patna High Court CR. MISC. No.72529 of 2021(2) dt.30-05-2022 2/3 threatened her to kill her husband and her child. There is allegation that accused persons, including the petitioners have killed the child of the informant.
The learned counsel for the petitioners has submitted that both the petitioners are ladies. The allegation is general and omnibus and co-accused Neera Devi, against whom there was allegation of giving threatening, has been granted anticipatory bail by the coordinate Bench in Cr. Misc. No. 15275 of 2021. Both the petitioners were also petitioners in that criminal miscellaneous petition, but during pendency of that criminal miscellaneous petition, they were arrested and their anticipatory bail petitions were dismissed as withdrawn. He has submitted further that the husband of Neera Devi, namely, Dhabru Roy has also been granted bail in Cr. Misc. No. 13286 of 2021. Considering the above-mentioned facts and circumstances, let the petitioners above-named be released on bail on furnishing bail bonds of Rs.
10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Pranpur P.S. Case No.
Patna High Court CR. MISC. No.72529 of 2021(2) dt.30-05-2022 3/3 and when required by the court.
(ii) If the petitioners are found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioners and the learned court below will take decision in accordance with law.
Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J) Mahesh/- U T