Chunmuniya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11172 of 2024 Arising Out of PS. Case No.-435 Year-2023 Thana- MANER District- Patna ====================================================== Chunmuniya Devi W/o Ram Babu Ray @ Ram Babu Rai R/o Heera Tola, Sherpur, P.S. - Maner, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 302, 34 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

3. It is a case of commission of murder of the informant's brother namely, Arun Kumar Singh by the accused persons including the petitioner by gun shot injury.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. She has been falsely implicated in this case due to village politics. There is general and omnibus levelled allegation against the petitioner and no specific overt

Patna High Court CR. MISC. No.11172 of 2024(2) dt.22-02-2024 2/2 act has been attributed against her. The specific allegation of opening fire upon the informant's brother is against co-accused Dhananjay Rai due to which his brother sustained injury and died. There is no independent eye witness of the instant case. Similarly situated co-accused has already been granted bail by this Court vide order dated 20.02.2024 passed in Cr. Misc. No. 7901 of 2024. The petitioner is languishing in judicial custody since 05.09.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 J.M. 1st Class, Danapur (Patna) in connection with Maner P.S. Case No.435 of 2023. (Sunil Kumar Panwar, J) Manishkr/- U T