Nagina Devi @ Nagiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7857 of 2023 Arising Out of PS. Case No.-511 Year-2019 Thana- SHERGHATI District- Gaya ====================================================== Nagina Devi @ Nagiya Devi W/O Manoj Chaudhary Resident Of VillageJhaur, P.S.- Sherghati, District- Gaya. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 307, 341, 323, 324, 34 of the Indian Penal Code. The allegation against co-accused person is that he assaulted grandfather of the informant by means of axe due to which his grandfather sustained injury and during treatment he died. It is further alleged that the petitioner along with co-accused person also assaulted grandmother of the informant by means of axe due to which his grandmother got serious injury.

Patna High Court CR. MISC. No.7857 of 2023(2) dt.02-05-2023 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. She has falsely been implicated in this case. There is no specific allegation of assaulting leveled against the petitioner rather general and omnibus allegation leveled against her. The specific allegation of assaulting is against co-accused, namely, Manoj Chaudhary. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 17.11.2021 passed in Cr. Misc No. 50431 of 2021. It is further submitted that the petitioner has got no criminal antecedent moreover, she is languishing in judicial custody since 28.08.2022.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as being a lady, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sherghati P.S. Case No. 511 of 2019 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.7857 of 2023(2) dt.02-05-2023 3/3 satisfaction of learned A.C.J.M., Sherghati, District Gaya. (Sunil Kumar Panwar, J) Manish/- U T