Single-judge oral order granting bail to a female accused in custody. Directed release upon furnishing a bail bond of Rs. 10,000 and two sureties. Relied on parity with co-accused in similar land dispute cases.
Directs release of petitioner on bail upon furnishing bond of Rs. 10,000 with two sureties of like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17995 of 2018
Arising Out of PS.Case No. -24 Year- 2017 Thana -MOHIUDDIN NAGAR DistrictSAMASTIPUR
====================================================== Kaushalya Devi , wife of Danaur Sahni, resident of village- Kursaha Bichala Tola, Police Station- Mohiuddin Nagar, District- Samastipur.
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
2 29-03-2018 Heard learned counsels for the petitioner and the State.
The petitioner, already in custody since 21.01.2018 seeks bail in connection with Mohiuddin Nagar P.S.Case No. 24 of 2017 registered under Sections 147, 148, 149, 302, 307, 323, 325, 338, 341 and 452 of the Indian penal Code.
Learned counsel for the petitioner seeks bail of the petitioner on the ground of parity as other similarly situated coaccused persons have been admitted to bail by a co-ordinate Bench of this Court vide order dated 19.06.2017 passed in Cr. Misc. No. 21888 of 2017 and order dated 09.02.2018 passed in Cr. Misc. No. 8051 of 2018 and besides this, it is also submitted that there is land dispute between both sides and there is general and omnibus allegation against all the accused persons and petitioner is a lady.
Patna High Court Cr.Misc. No.17995 of 2018 (2) dt.29-03-2018
2/2
Having considered the aforesaid facts and circumstances, the petitioner, namely, Kaushalya Devi is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned ACJM4th , Samastipur in connection with Mohiuddin Nagar P.S. Case No. 24 of 2017.
(Arun Kumar, J)
Sujit/U
2 issues framed by the court
Whether petitioner should be granted bail while in custody arising from an alleged land dispute.
Whether parity with admitted co-accused is sufficient ground for releasing the petitioner on bail.
1 provisions across 1 enactments
Kaushalya Devi
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
