Aitwaria Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70510 of 2024 Arising Out of PS. Case No.-30 Year-2024 Thana- DHANGAI District- Gaya ====================================================== 1.

Aitwaria Devi W/o- Late Govind Bhuiyan @ Govind Manjhi Village- Kadal PS- Dhangai Dist- Gaya 2.

Sanichar Manjhi Son of Late Mutha Manjhi Village- Kadal PS- Dhangai Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-11-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in Dhangai P.S. Case No. 30 of 2024, instituted for the offences punishable under Sections 341, 342, 323, 302/34 of the Indian Penal Code.

3. The prosecution case, in short, is that, the petitioners along with other co-accused persons assaulted the son and wife of the informant by means of fists and slaps due to which wife of the informant has died.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material have been recovered from the conscious possession of the petitioners. Learned

Patna High Court CR. MISC. No.70510 of 2024(3) dt.20-11-2024 2/2 counsel for the petitioners also submits that there is delay of two days in lodging the FIR. There is no specific allegation attributed against the petitioners. Specific allegation of assault is against co-accused Doman Manjhi and Dhanuki Manjhi. It is further submitted that there was land dispute between the parties due to which the said altercation took place. The petitioners are in custody since 19.05.2024 and have got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dhangai P.S. Case No. 30 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T