Shanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15692 of 2023 Arising Out of PS. Case No.-139 Year-2021 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== 1.

SHANTI DEVI W/O Shankar Prasad Yadav R/O Village- Sahebpur Kamal, P.S- Sahebpur Kamal, District- Begusarai 2.

Sunaina Devi @ Sunaina Rai W/O Raj Kishore Nirala R/O VillageSahebpur Kamal, P.S- Sahebpur Kamal, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ritesh Verma For the Opposite Party/s :

Mr. Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek regular bail in connection with Sahebpur Kamal P.S. Case No. 139 of 2021 registered for the offence under Sections 302/34 of the Indian Penal Code. As per prosecution case, the informant alleged that on 24.6.2021 the accused persons including the petitioners assaulted her husband and on raising objection, all accused persons poured kerosine oil on the body of her husband and set fire due to which he burnt and died.

Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Both the petitioners are ladies and a dispute regarding entrance

Patna High Court CR. MISC. No.15692 of 2023(2) dt.28-04-2023 2/2 passage in the house was going on between the parties due to this reason the petitioners have falsely been implicated in this case. From perusal of prosecution story, it appears that the specific allegation of setting fire is against co-accused namely, Rajkishor due to which informant's husband died. No any specific overt-act is attributed to the petitioners. It is further submitted that the petitioners have got no criminal antecedent and are languishing in judicial custody since 26.11.2022. 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 both the petitioners are being lady, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Sahebpur Kamal P.S. Case No. 139 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. IV, Begusarai.

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