Sanju Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13020 of 2023 Arising Out of PS. Case No.-100 Year-2021 Thana- MUSAHARI District- Muzaffarpur ====================================================== 1.
Sanju Devi Wife Of Sudhir Kumar R/V- Binda, Ps- Mushahari DistMuzaffarpur 2.
Mira Devi @ Meera Devi @ Meena Devi Wife Of Suresh Thakur R/VBinda, Ps- Mushahari Dist- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shubhesh Pandey For the Opposite Party/s :
Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-04-2023 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners have filed the instant application for grant of regular bail in connection with Mushahari P.S. Case No. 100 of 2021 registered under sections 147, 149, 323, 452, 307 and 302 of the Indian Penal Code.
Allegation against the co-accused persons along with this petitioners is that they assaulted the son of the informant namely Prakash Thakur due to which he sustained injuries and after that he was taken to hospital for treatment where doctor declared him dead.
Patna High Court CR. MISC. No.13020 of 2023(2) dt.25-04-2023 2/3 Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. It is further submitted that there is no specific overt act of assaulting against the petitioners rather general and omnibus allegation has been levelled against them. It is also submitted that there is case and counter case between both the parties and have both parties have sustained injuries as alleged in separate occurrence. Nothing consistent material has come against the petitioners during the course of investigation. A statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent. Moreover, they are languishing in judicial custody since 13.10.2022.
The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioners, the Court is inclined to enlarge the petitioner on bail. The above named petitioners is directed to be enlarged on bail in connection with Mushahari P.S. Case No. 100 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the
Patna High Court CR. MISC. No.13020 of 2023(2) dt.25-04-2023 3/3 like amount each to the satisfaction of the learned A.C.J.M. Muzaffarpur (East).
(Sunil Kumar Panwar, J) shubham/- U T