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Patna High CourtCR. MISC./19890/2021allowed

Reeta Devi v. The State Of Bihar

2021-08-06Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19890 of 2021 Arising Out of PS. Case No.-376 Year-2020 Thana- RAMNAGAR District- West Champaran ====================================================== Reeta Devi, W/O Munna Ram, R/O Village-Nawgawa, P.S-Ramnagar, District-West Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Milind Kumar Mishra, Adv.

For the Opposite Party/s :

Mr.Yogendra Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-08-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seek bail in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 337, 338, 302 of the Indian Penal Code.

Allegation against the petitioner alongwith other accused persons is said to have assaulted the informant and family members due to which the son of the informant died during treatment.

Patna High Court CR. MISC. No.19890 of 2021(2) dt.06-08-2021 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR, on the basis of subsequent statement the police made accused to the petitioner. There is land dispute between the parties. He further submits that so far as the petitioner is concerned it is not specific overt act against her rather there is general and omnibus allegation the petitioner, though, the allegation is against altogether 10 in numbers pelted the bricks etc. upon the informant side in which the son of the informant (deceased) had received only one head injury his caused fettle who died during treatment but there is no other injury upon body which also suggests that as to who is author of injury. The petitioner is languishing in judicial custody since 26.10.2020. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail petition. Learned APP for the State vehemently opposed the prayer for bail of the petitioner.

Considering the facts, there is general and omnibus allegation against the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Ramnagar P.S. Case No.

Patna High Court CR. MISC. No.19890 of 2021(2) dt.06-08-2021 3/3 376/2020 to the satisfaction of learned Court below where the case is pending/ successor Court.

(Anjani Kumar Sharan, J) amitkumar/- U T