Jamun Thakur And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71701 of 2018 Arising Out of PS. Case No.-635 Year-2018 Thana- BIHTA District- Patna ======================================================

1. Jamun Thakur aged about 25 years, S/o Sri Chhotan Thakur

2. Asha Devi @ Abha Devi aged about 23 years W/o Sri Jamun Thakur

3. Nirmala Devi @ Nirva Devi aged about 21 years W/o Sri Chhotu Thakur All are resident of Village- Machahalpur Lai, P.S.- Bihta, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amarendra Kumar Pathak For the Opposite Party/s :

Mr. Sri Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-12-2018 Heard the parties.

The petitioners seek regular bail in connection with Bihta P.S.Case no.635 of 2018 registered for offences punishable under Sections 341, 323, 324, 302 and 34 of the Indian Penal Code.

Allegation against the petitioners is of assault by the Pidha to the deceased causing his death.

Submission of the learned counsel for the petitioners is that no specific allegation has been attributed against any of them rather there is no allegation against the petitioner no.3 of assault to the deceased and moreover the petitioner nos. 2 and 3 are lady members and all the petitioners are in custody since 3.9.2018.

Heard learned A.P.P. and the learned counsel for the

Patna High Court Cr.Misc. No.71701 of 2018(2) dt.12-12-2018 2/2 informant. They have opposed the prayer for bail stating the postmortem report also shows that some injuries were found on the person of the deceased on head. .

Having heard both sides and in view of the facts and circumstances, as stated above, so far petitioner nos. 2 (Asha Devi @ Abha Devi) and 3. (Nirmala Devi @ Nirva Devi) are concerned there is no allegation of assault against petitioner no.3 and though there is allegation against the petitioner no.2 of assault but considering the fact that they are ladies, the prayer for bail of the petitioners, above named, is allowed and they are directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM 1, Danapur in connection with Bihta P.S.Case No.635 of 2018 However, so far petitioner no.1 (Jamun Thakur) is concerned, I am not inclined to grant bail to the petitioner, however, the learned trial court is directed to expedite the trial.. With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T