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Patna High Court - Orders

Uma Devi vs The State Of Bihar on 23 May, 2023

Author: Chandra Shekhar Jha

Bench: Chandra Shekhar Jha

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13483 of 2023
                       Arising Out of PS. Case No.-265 Year-2022 Thana- MAHNAR District- Vaishali
                 ======================================================
           1.     Uma Devi Wife of Ramnath Jha R/V- Sabji Mandi Mahnar, P.S- Mahnar,
                  Dist- Vaishali
           2.    Paro Pandey @ Paro Devi Wife of Sunny Kumar R/V- Sabji Mandi Mahnar,
                 P.S- Mahnar, Dist- Vaishali
           3.    Mnju Devi Wife of Sanjay Kumar jha R/V- Sabji Mandi Mahnar, P.S-
                 Mahnar, Dist- Vaishali
           4.    Khushi Kumari Daughter of Sanjay Jha @ Sanjay Kumar Jha R/V- Sabji
                 Mandi Mahnar, P.S- Mahnar, Dist- Vaishali
           5.    Munni Devi @ Sunita Devi Wife of Sanjeet Kumar Jha R/V- Sabji Mandi
                 Mahnar, P.S- Mahnar, Dist- Vaishali

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Navnit Kumar, Advocate
                 For the Opposite Party/s :        Mr. Arun Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   23-05-2023

Heard learned counsel appearing on behalf of the petitioners and learned Additional Public Prosecutor appearing on behalf of the State.

The accused/petitioners are named in the F.I.R. and apprehend their arrest in connection with Mahnar P.S. Case No. 265 of 2022 registered for the offences punishable under Sections 341, 323, 324, 325, 307, 354, 379, 504 and 506/34 of the Indian Penal Code (in short 'I.P.C.').

The allegation against these petitioners is to assault Patna High Court CR. MISC. No.13483 of 2023(2) dt.23-05-2023 2/3 informant and others alongwith other co-accused persons by means of using lathi, rod etc. causing head and bodily injuries having intention to cause their death, where occurrence is arises out of land dispute.

Learned counsel appearing on behalf of the petitioners submitted that allegation, as regard to assault against above named petitioners, is appearing very much general and omnibus, rather same is specifically available against co-accused Sunny Kumar Jha. It is submitted that similarly situated co-accused persons have already been granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 3514 of 2023 vide order dated 28.03.2023. While concluding the argument it is submitted that petitioners are of clean antecedent.

Learned APP for the State opposes the prayer of bail. Considering the aforesaid facts and circumstances as mentioned above, as allegation as regard to assault is appearing very much general and omnibus against above named petitioners, where petitioners are ladies of clean antecedent, accordingly, all above named petitioners, in the event of their arrest or surrender before the court below within a period of four weeks, are directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of Patna High Court CR. MISC. No.13483 of 2023(2) dt.23-05-2023 3/3 the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali, Hajipur/concerned Court, where the case is pending in connection with Mahnar P.S. Case No. 265 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Chandra Shekhar Jha, J) pooja/-

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