Manti Devi @ Sonapati Devi @ Sonapati Deve v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63938 of 2019 Arising Out of PS. Case No.-78 Year-2019 Thana- ASANWA District- Siwan ====================================================== 1.
MANTI DEVI @ SONAPATI DEVI @ SONAPATI DEVE W/o Ramishwar Yadav Resident of Village - Pachbeniya, P.S.- Asaon, Dist.- Siwan 2.
Nitu Devi @ Nutan Devi @ Nitu Deve W/o Sambhu Yadav Resident of Village - Pachbeniya, P.S.- Asaon, Dist.- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Pandey For the Opposite Party/s :
Mr.Kanhaiya Kishore (App 100) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-01-2020 Heard the learned counsel for the petitioners and the learned APP for the State.
The petitioners seek regular bail in connection with Asaon PS case no. 78 of 2019 instituted for the offence punishable under Sections 341, 323, 324, 307, 302/34 of Indian Penal Code.
The allegation is regarding all the accused persons including the petitioners herein having arrived at the house of the informant, whereafter they are said to have assaulted the mother of the informant resulting in her becoming seriously injured and subsequently, she had succumbed to her injuries.
Patna High Court CR. MISC. No.63938 of 2019(2) dt.13-01-2020 2/3 The learned counsel for the petitioners has submitted that as far as the petitioner no. 1 is concerned, she is about 60 years of age and so far as the petitioner no. 2 is concerned, she is about 25 years of age and she is having a little child. It is further submitted that both the petitioners are female and there is a general and omnibus allegations levelled as against them, hence are entitled to the privilege of regular bail. It is further submitted that the petitioners are having a clean antecedent and are languishing in custody since 22.07.2019. Per contra, the learned counsel for the informant has vehemently opposed the prayer for bail and has submitted that the death of a lady has taken place on account of assault made by the accused persons.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners as also considering the fact that the petitioners are ladies and general and omnibus allegations have been levelled against them coupled with the fact that they are languishing in custody since 22.07.2019, I deem it fit and appropriate to release the abovenamed petitioners on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction
Patna High Court CR. MISC. No.63938 of 2019(2) dt.13-01-2020 3/3 of learned Judicial Magistrate-1st class, Siwan in connection with Asaon PS case no. 78 of 2019.
(Mohit Kumar Shah, J) rinkee/- U T