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Patna High CourtCR. MISC./19082/2023allowed

Manisha Devi v. The State Of Bihar

2023-07-17Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19082 of 2023 Arising Out of PS. Case No.-612 Year-2022 Thana- NAUBATPUR District- Patna ====================================================== MANISHA DEVI W/O ARUN RAI Resident of Village- Gadaipur, P.S.- Naubatpur, District- Patna.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 19211 of 2023 Arising Out of PS. Case No.-612 Year-2022 Thana- NAUBATPUR District- Patna ====================================================== 1.

PINKI DEVI D/o Arvind Rai Resident of Gadaipur, P.S.-Naubatpur, District Patna W/o Ranjeet Rai, Resident of Barsima P.S. Alipur, District Gaya 2.

JULI DEVI @ KAJAL D/o Arvind Rai Resident of Gadaipur, P.S. Naubatpur, District Patna, W/o Bharat Rai, Resident of Dariyapur, P.S. Naubatpur, District Patna 3.

HEMANTI DEVI W/O ARVIND RAI Resident of Gadaipur, P.S. Naubatpur, District Patna ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 19082 of 2023) For the Petitioner/s :

Mr.Sheo Jee Mishra For the Opposite Party/s :

Mr.Nand Kishore Prasad (In CRIMINAL MISCELLANEOUS No. 19211 of 2023) For the Petitioner/s :

Mr.Prerna Rishi For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-07-2023 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State. The petitioners seek regular bail in connection with Naubatpur P.S. Case No. 612 of 2022 registered for the offence under Sections 341, 323, 337, 338, 307, 504, 506/34 & 302 of

Patna High Court CR. MISC. No.19082 of 2023(3) dt.17-07-2023 2/3 the Indian Penal Code.

According to FIR, allegation against the petitioners along with co-accused persons is of assaulting the informant's side due to which four persons sustained injuries out of them one Sanjay Rai died during course of treatment. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case due to village politics. From perusal of FIR, no specific overt-act attributed to these petitioners rather general and omnibus allegation leveled against them. The entire allegations against the petitioners are false and fabricated. The petitioners have got no criminal antecedents as stated in para-3 of the bail petition. It is further submitted that the petitioners are ladies and they are languishing in judicial custody for more than ten months.

Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail and submitted that the deceased sustained several injuries on his persons due to which he died. Having heard learned counsel for the parties and considering the fact that the petitioners, being ladies as well as their period of custody, this court is inclined to enlarge them on

Patna High Court CR. MISC. No.19082 of 2023(3) dt.17-07-2023 3/3 bail. The above named petitioners are directed to be released on bail in connection with Naubatpur P.S. Case No. 612 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI, Danapur, Patna. (Sunil Kumar Panwar, J) Amandeep/- U T