Mila Devi vs The State Of Bihar
2021 Latest Caselaw 2381 Patna

       IN THE HIGH COURT OF JUDICATURE AT PATNA
               CRIMINAL MISCELLANEOUS No.23657 of 2021
      Arising Out of PS. Case No.-82 Year-2020 Thana- ISMAILPUR District- Bhagalpur
  ======================================================

Mila Devi, aged about 35 F, wife of Ashok Mandal, R/O Village- Navtoliya Sudan Tola, P.S.- Ismilepur, District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate For the Opposite Party/s : Mr. Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 14-06-2021

The matter has been heard via video conferencing.

2. The case has been taken up out of turn on the basis

of motion slip filed by learned counsel for the petitioner on

10.06.2021, which was allowed.

3. Heard Mr. Ranjan Kumar Jha, learned counsel for

the petitioner and Mr. Md. Arif, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

4. The petitioner apprehends arrest in connection with

Ismailpur PS Case No. 82 of 2020 dated 31.10.2020, instituted

under Sections 147, 148, 149, 307, 302 of the Indian Penal Code

and 27 of the Arms Act, 1959.

5. The allegation against the petitioner is that she,

along with two others, had come to the spot where her husband, Patna High Court CR. MISC. No.23657 of 2021 dt.14-06-2021

son and another person had assaulted the informant, her father

and her mother leading to the death of the father of the

informant and bullet injury to the mother of the informant and

also to the informant.

6. Learned counsel for the petitioner submitted that

just because her husband and son have been made accused and

specific overt acts have been attributed to them, the petitioner

has also been implicated, though totally without any basis. It

was submitted that even if the allegation is accepted at its face

value, the only allegation is that she along with two other

persons was also present at the spot when the incident had

occurred. Learned counsel submitted that the petitioner, besides

being a lady, has no criminal antecedent.

7. Learned APP submitted that the husband and son of

the informant had fired leading to death of the father of the

informant. However, it was not controverted that, as per the

prosecution story, the petitioner was only present at the time of

incident.

8. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, in

the event of arrest or surrender before the Court below within

six weeks from today, the petitioner be released on bail upon Patna High Court CR. MISC. No.23657 of 2021 dt.14-06-2021

furnishing bail bonds of Rs. 25,000/- (twenty five thousand)

with two sureties of the like amount each to the satisfaction of

the S.D.J.M., Naugachia, Bhagalpur, in Ismailpur PS Case No.

82 of 2020, subject to the conditions laid down in Section

438(2) of the Code of Criminal Procedure, 1973 and further (i)

that one of the bailors shall be a close relative of the petitioner,

and (ii) that the petitioner shall cooperate with the Court and

police/prosecution. Failure to cooperate shall lead to

cancellation of her bail bonds.

9. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the petitioner, to

the notice of the Court concerned, which shall take immediate

action on the same after giving opportunity of hearing to the

petitioner.

10. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

J. Alam/-

AFR/NAFR U T