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Patna High CourtCR. MISC./13490/2023allowed

Sulekha Devi v. The State Of Bihar

2023-04-25Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13490 of 2023 Arising Out of PS. Case No.-456 Year-2021 Thana- MURLIGANJ District- Madhepura ====================================================== Sulekha Devi W/O Santosh Yadav Resident Of Village- Haripurkala, Ward No.- 7, P.S.- Murliganj, District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Singh For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 379, 325, 307, 504, 506, 34 of the IPC and later on Section 302 of the Indian Penal Code was also added. As per prosecution case, informant alleged that on 21.12.2021 petitioner along with co-accused persons armed with lathi, danda and rod came at his home and started assaulting him. It is further alleged that when his parents came to save him they also assaulted his parents with intention to kill his parents due to which they sustained

Patna High Court CR. MISC. No.13490 of 2023(2) dt.25-04-2023 2/3 injury.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. She has falsely been implicated in this case. Petitioner is not named in the FIR. There is no specific allegation of assault against the petitioner rather general and omnibus allegation leveled against her. She has got no criminal antecedent. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 31.08.2022 passed in Cr. Misc. No. 31893 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 01.12.2022.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as being a lady, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Murliganj P.S. Case No. 456 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.13490 of 2023(2) dt.25-04-2023 3/3 satisfaction of learned A.C.J.M.-Ist, Madhepura. (Sunil Kumar Panwar, J) Manish/- U T