Munni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1890 of 2022 Arising Out of PS. Case No.-211 Year-2020 Thana- SARAI District- Vaishali ====================================================== Munni Devi W/O Sultan Mahto, R/o village- Akhtiyarpur Patedha, P.S.- Sarai, District- Vaishali ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Shivjee Singh, Advocate For the Opposite Party/s :

Mr.Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-06-2022 Heard counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sarai P.S. Case No. 211 of 2020 lodged under Sections 341, 323, 337, 338, 307, 302, 504,506/34 of the Indian Penal Code. From perusal of the F.I.R., it transpires that there is general and omnibus allegation against the petitioner Munni Devi alongwith four other accused persons to assault the wife of informant Reshmi Devi and aunt Ahilya Devi by stone and stick. The deceased is the mother of the informant and the specific allegation to assault the mother of the informant is not upon the petitioner Munni Devi.

It has been further argued that co-accused Prem Kumar @ Prem Mahto has been granted bail vide order dt.

Patna High Court CR. MISC. No.1890 of 2022(2) dt.06-06-2022 2/2 23.08.2021 passed by the Co-ordinate Bench of this Hon'ble Court in Cr. Misc. No. 17247 of 2021.

It is also been argued that there is a case filed by the other side bearing Complaint Case No. 1556 of 2020 was lodged against informant and others. Petitioner has claimed clean antecedent and she is in custody since 25.08.2021. Learned counsel for the State opposes the prayer for bail.

Considering the submissions of the parties and materials available on the record and also the fact that there is general and omnibus allegation against the petitioner and not specific overt act has been alleged against her. Particularly there is no allegation upon her to assault the deceased. Let the petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XVI, Vaishali at Hajipur in connection with Sarai P.S. Case No. 211 of 2020.

(Dr. Anshuman, J) ravishankar/- U T