Volki Devi @ Sushila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13106 of 2024 Arising Out of PS. Case No.-234 Year-2023 Thana- SALIMPUR District- Patna ====================================================== Volki Devi @ Sushila Devi W/o Vimal Singh @ Vimal Yadav R/o vill - Shahpur, P.S. - Salimpur, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Ashok Kumar Kashyap, Advocate For the State :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Salimpur P.S. Case No. 234 of 2023 instituted for the offence under Sections 147, 148, 149, 307 & 302 of the Indian Penal Code.

3.

As per prosecution case, brother of the informant was assaulted by means of sword, knife, pistol due to which he died. It is further alleged that uncle of the informant got injured while he tried to save the brother of the informant, due to which he sustained injury.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 28-10-2023. Petitioner is

Patna High Court CR. MISC. No.13106 of 2024(2) dt.04-03-2024 2/2 stated to be man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. There is no specific allegation attributed to the petitioner. From perusal of the impugned order, it would reveal that specific allegation of assault is against Bablu kumar. There is case and counter case between the parties.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, fact that there is no specific allegation against the petitioner and clean antecedent of the petitioner, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Salimpur P.S. Case No. 234 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T