Mira Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79965 of 2019 Arising Out of PS. Case No.-61 Year-2018 Thana- SHAMBHUGANJ District- Banka ====================================================== MIRA DEVI Wife of Bijay Jha Resident of Village - Bari Khajuri, P.S. - Shambhuganj, Distt. - Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lakshmi Kant Tiwary For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of bail in connection with Shambhuganj P.S. Case No. 61 of 2018 (G.R. No.1109 of 2018) (District-Banka) registered for the offence punishable under sections 147, 148, 149,341,323307 and 504 of the Indian Penal Code to which section 302 of the I.P.C was added subsequently.

As per allegation in the FIR, over a dispute between informant and the accused side with respect to the accused persons urinating in the lane in front of the house of the informant, it is stated that 11 named accused persons including this petitioner assaulted the informant and others with lathi etc. It is stated that Shanti Devi and Bandana Devi were also

Patna High Court CR. MISC. No.79965 of 2019(3) dt.17-12-2019 2/2 assaulted and ultimately they were admitted in the hospital and in course of treatment, Shanti Devi died.

It is submitted by learned counsel for the petitioner that the allegation in the F.I.R. are general and omnibus in nature. The petitioner happens to be a 65 years old lady having no criminal antecedent and is in custody since 26.08.2019. It is further submitted that some of the accused persons have already been enlarged on bail.

The application for bail was opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the general and omnibus allegations in the F.I.R., the petitioner being a lady who is in custody since 26.08.2019, the Court is inclined to enlarge the petitioner on bail. Let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I, Banka in connection with Shambhuganj P.S. Case No. 61 of 2018 (G.R. No.1109 of 2018) (District-Banka).

Bibhash/- (Partha Sarthy, J) U T