Sukumari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7701 of 2023 Arising Out of PS. Case No.-228 Year-2021 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== SUKUMARI DEVI Wife of Shivnandan Yadav @ Shivnanda Yadav Resident of village - Tumaul, P.S. - Ghanshyampur, District - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Jha For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302/34 of the Indian Penal Code.

The allegation against the petitioner along with others is of brutally assaulting the father of the informant, due to which he died.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to old dispute. She has committed no offence. There is general and omnibus allegation against the petitioner and no specific overt act of assaulting against the petitioner. He further submitted that the other co-accused has already been granted bail by a Co-

Patna High Court CR. MISC. No.7701 of 2023(3) dt.20-06-2023 2/2 ordinate Bench vide order dated 16.05.2022 passed in Cr. Misc. No. 4718 of 2022 and the case of this petitioner stands on better footing. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. She is languishing in judicial custody since 03.10.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-III, Biraul, Darbhanga in connection with Ghanshyampur P.S. Case No. 228 of 2021. (Sunil Kumar Panwar, J) arish/- U T