Allowed

Kaili Devi @ Makunia Devi @ Makukiya Devi v. The State of Bihar

Patna HC22 Jun 2020CR. MISC./86193/2019

Case brief

AI extract

What is this about?

Petitioner, a woman in custody for nine months in an assault case, sought bail. The Court granted provisional bail for three months due to general accusations and delay, requiring a surety to submit an undertaking instead of a formal bond due to the pandemic. Confirmation requires two sureties within three months.

What did the court decide?

Provisional bail granted for three months on furnishing one surety's undertaking via e-mode due to COVID-19.

Kaili Devi @ Makunia Devi @ Makukiya Devi Vs The State of Bihar — Bail and Remand | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.86193 of 2019

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Arising Out of PS. Case No.-144 Year-2007 Thana- BAUNSI District- Banka

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======================================================

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Kaili Devi @ Makunia Devi @ Makukiya Devi W/o Chhedi Rai R/o villageLalmatiya, P.S.- Bounsi, District- Banka

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Brij Nandad Prasad, Advocate For the Opposite Party/s : Mr.Uma Shankar Pd. Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER

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4 22-06-2020

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The matter has been taken up through virtual Court proceeding.

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner is languishing in custody since 09.09.2019 in a case registered for the offences punishable under Sections 147, 341, 323, 324, 307, 504 and 506 of the Indian Penal Code. Subsequently, Section 302 IPC was also added vide order dated 27.09.2007, hence, the prayer for bail has been made through the present application.

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The prosecution case, as per the fardbeyan of Budhi Nath Rai recorded by A.S.I.,P.N. Singh of Bounsi P.S. at Referal Hospital, Bounsi, Banka, is to the effect that on 22.09.2007 the informant was coming to his house situated in Lalmatiya from Shyam Bazar and when he reached near the

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Patna High Court CR. MISC. No.86193 of 2019(4) dt.22-06-2020 2/4

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house of co-accused Chhedi Rai at 8.00 P.M., there he saw that several people were watching T.V. while assembling on the road and when the informant asked them as to why they are sitting on the road and obstructing it then co-accused Gholti Rai abused the informant and on protest being made, co-accused Gholti Rai, Matku Rai, Sona Rai and KailuPen Rai assaulted the informant with lathi and danda. On alarm being raised, the informant’s cousin brother, Narayan Rai came to rPenescue, then he was assaulted by co-accused Lalmohan Rai, Manoj Rai, wife of Chhedi Rai with lathi and danda. Subsequently, Narayan Rai succumbed to the injury.

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It is submitted by learned counsel for the petitioner that the accusation of assault is omnibus and general against all the accused persons including the petitioner. Petitioner is a lady and investigation has already been concluded. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

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Learned APP for the State submits that the petitioner alleged to have made assault in a case registered in the year 2007 and the petitioner was arrested in 2019.

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Considering the fact that the accusation of assault is omnibus and general against the petitioner and others,

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Patna High Court CR. MISC. No.86193 of 2019(4) dt.22-06-2020 3/4

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petitioner is a lady, languishing in custody since nine months, investigation has already been concluded and statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the petitioner above named be released on bail for the present provisionally for a period of three months on furnishing one surety to the satisfaction of the learned Additional Sessions Judge-II, Banka in connection with Sessions Trial No. 374 of 2019, arising out of Bounsi P.S. Case No. 144 of 2007.

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However, in view of the present pandemic COVID-19, it will be open for the learned Court below to accept the bail bond upon furnishing an undertaking by the surety, on photo copy of his Aadhar Card, to the effect that he is ready to become the bailor of the petitioner which may be transmitted by such surety to the learned Court concerned through e-mode.

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The provisional bail of the petitioner will be confirmed by the learned Court below within three months on furnishing bail bond of Rs.10000/- (ten thousand) with two sureties, including one surety given at the time of provisional bail, of the like amount each to the satisfaction of the learned Additional Sessions Judge-II, Banka in connection with

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Patna High Court CR. MISC. No.86193 of 2019(4) dt.22-06-2020 4/4

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Sessions trial No. 374 of 2019, arising out of Bounsi P.S. Case No. 144 of 2007.

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The learned Court below is at liberty to further extend the period of provisional bail if the court proceeding in physical mode will not resume in next three months.

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Since the petitioner arrested after 12 years of the registration of the case, the learned Court below will be at liberty to cancel the bail bonds of the petitioner, if the petitioner defaults for two consecutive occasions during trial.

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(Dinesh Kumar Singh, J)

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DKS/-

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U T

Kaili Devi @ Makunia Devi @ Makukiya Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Kaili Devi @ Makunia Devi @ Makukiya Devi v. The State of Bihar

Case brief

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What did the court decide?

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