Parvati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19870 of 2024 Arising Out of PS. Case No.-25 Year-2023 Thana- SALAIYA District- Aurangabad ====================================================== Parvati Devi wife of Mahendra Bhuiyan Village- Shankarpur PS-Salaiya District-Aurangabad ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 21680 of 2024 Arising Out of PS. Case No.-25 Year-2023 Thana- SALAIYA District- Aurangabad ====================================================== Surendra Bhuiyan son of Bal Govind Bhuiyan Village- Shankarpur PSSalaiya District-Aurangabad ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 19870 of 2024) For the Petitioner/s :

Mr.Lalbahadur Singh For the Opposite Party/s :

Mr.Rajendra Nath Jha (In CRIMINAL MISCELLANEOUS No. 21680 of 2024) For the Petitioner/s :

Mr.Lal Bahadur Singh For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-04-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in connection with Salaiya P.S. Case No. 25 of 2023 registered for the offence under Sections 341, 323, 325, 307, 34 of the Indian Penal Code and later on added section 302 of the I.P.C.

Patna High Court CR. MISC. No.19870 of 2024(3) dt.26-04-2024 2/3

3. As per prosecution case, allegation against the petitioners is that they along with co-accused persons assaulted the father of the informant due to which he sustained injury and during treatment he died.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. From perusal of FIR, there is no specific allegation against the petitioners. Specific overt-act of inflicting axe blow upon the deceased is against coaccused Pooja. The petitioners have got no criminal antecedent and languishing in judicial custody since 2.3.2023. Moreover, similarly situated co-accused Fekni Devi has already been enlarged on bail by this Court vide order dt. 1.11.2023 passed in Cr. Misc. No. 67823 of 2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Salaiya P.S. Case No. 25 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) each with

Patna High Court CR. MISC. No.19870 of 2024(3) dt.26-04-2024 3/3 two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II, Aurangabad, Bihar.

(Sunil Kumar Panwar, J) Amandeep/- U T