Kiran Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13554 of 2023 Arising Out of PS. Case No.-391 Year-2022 Thana- SIMRI District- Buxar ====================================================== Kiran Devi Wife Of Ramji Dhobi R/V- Manikpur, P.S.- Simri, District- Buxar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Anant Kumar 1 ====================================================== 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, 324, 307, 302, 504, 506/34 of the Indian Penal Code. As per prosecution case, informant alleged that petitioner along with co-accused persons started construction on the disputed land, when informant and his brother opposed then accused persons started assaulting them by means of iron rod, durmus and fasuli. It is further alleged that petitioner assaulted by means of fasuli upon

Patna High Court CR. MISC. No.13554 of 2023(2) dt.25-04-2023 2/3 Rameshwar Rajak due to which he sustained injury and fell down.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. She has falsely been implicated in this case. There is no specific allegation of assault leveled against the petitioner rather general and omnibus allegation leveled against her. The specific allegation of assault is against co-accused, namely, Raja Rajak who assaulted by means of iron rod on the head of the brother of the informant due to which his brother succumbed to injury. It is further submitted that petitioner has got no criminal antecedent moreover, she is languishing in judicial custody since 22.10.2022.

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 Simri (Hata O.P.) P.S. Case No. 391 of 2022 on furnishing bail bond of

Patna High Court CR. MISC. No.13554 of 2023(2) dt.25-04-2023 3/3 Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M, Buxar. (Sunil Kumar Panwar, J) Manish/- U T