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Patna High CourtCR. MISC./66289/2025bail granted

Ram Pukari Devi v. The State Of Bihar

2025-09-17Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66289 of 2025 Arising Out of PS. Case No.-238 Year-2020 Thana- KHODAWANDPUR District- Begusarai ====================================================== Ram Pukari Devi, female aged about 40 years, W/o Ram Naresh Mahto R/o Village - Fafaut, P.S - Khodawandpur, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandan Kumar Kashyap, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 17-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner is in custody in a case registered for the offence punishable under Sections 341, 342, 323, 307, 302 and 34 of the Indian Penal Code.

3. As per the allegation in the FIR, on 20.11.2020, when the informant was returning to his home and reached at Mohna Chowk, then co-accused persons assaulted him with lathin on his head and at 8:00 pm, the informant's father had gone to milk center where co-accused person Ram Naresh Mahto along with other co-accused persons assaulted him the lathi and danda and they forcibly took the informant's father as a result of which he sustained grievous injuries and during

Patna High Court CR. MISC. No.66289 of 2025(2) dt.17-09-2025 2/3 course of treatment he died.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He next submits that petitioner and informant are covillager and there is admitted land dispute between the parties. He further submits that specific allegation is against one, Ram Naresh Mahto and as such there is general and omnibus allegation against the petitioner. He further submits that similarly situated co-accused persons have already granted bail by co-ordinate Benches of this Court, namely, Bhim Mahto @ Bhim Mahton vide order dated 22.10.2021 passed in Cr. Misc. No. 40975 of 2021, and another co-accused, namely, Lalo Mahto @ Laloo@ Lali Mahto vide order dated 22.12.2021 passed in Cr. Misc. No. 43436 of 2021. He next submits that petitioner is a lady and in custody since 16.06.2025 and has got no criminal antecedent as stated in para-3 of the bail petition.

5. Learned APP for the State opposes the prayer for Regular bail of the petitioner.

6. Considering the facts and circumstances of the case as well as the submissions made by learned counsel for the petitioner and also the fact that similarly situated co-accused persons have already granted bail by co-ordinate Benches of this

Patna High Court CR. MISC. No.66289 of 2025(2) dt.17-09-2025 3/3 Court namely, Bhim Mahto @ Bhim Mahton vide order dated 22.10.2021 passed in Cr. Misc. No. 40975 of 2021, and another co-accused, namely, Lalo Mahto @ Laloo@ Lali Mahto vide order dated 22.12.2021 passed in Cr. Misc. No. 43436 of 2021, let the above named petitioner be released on bail, on her furnishing bail bonds of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Manjhaul(Begusarai) in connection with Khodawandpur P.S. Case No.238 of 2020.

(Ramesh Chand Malviya, J) Harshita/- U T