Patna High CourtCR. MISC./5093/2024allowed

Soni Devi v. The State Of Bihar

2024-02-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5093 of 2024 Arising Out of PS. Case No.-168 Year-2023 Thana- DANIYAWAN District- Patna ====================================================== Soni Devi W/o Binay Bind R/o Village -Nimi PS -Daniyawan Dist -Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Kumar For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code.

3. The case of prosecution is that on 1.7.2023 the informant got information from his neighbour Teni Bind that the petitioner along with other co-accused persons assaulted his wife due to which she sustained injuries. The informant came his house and brought medicine for his wife but after some time, she died.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. She has falsely been implicated in this case due to village politics. There

Patna High Court CR. MISC. No.5093 of 2024(2) dt.07-02-2024 2/2 is no specific overt-act against the petitioner rather general and omnibus allegation leveled against her. It is also submitted that the informant is not an eye witness and he was not present at that time on the place of occurrence. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition and she is languishing in judicial custody since 2.7.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the fact that the petitioner is a lady as well as her period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Daniyawan P.S. Case No. 168 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Patna City.

(Sunil Kumar Panwar, J) Amandeep/- U T