Babita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19526 of 2023 Arising Out of PS. Case No.-125 Year-2021 Thana- KAJRA District- Lakhisarai ====================================================== Babita Devi, wife of Suraj Yadav, Resident of Village - Urain, P.S.- Kajra, District- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhav Raj, Advocate For the Opposite Party/s :

Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Kajra P.S. Case No. 125 of 2021 registered for the offence punishable under Sections 341, 323, 324, 307, 448, 504 and 506 of the Indian Penal Code and later on Section 302 of Indian Penal Code was added.

The allegation against the petitioner is that she assaulted the informant with lathi upon her head. Co-accused Suraj Yadav assaulted with iron rod on husband of the informant who died during treatment.

Learned counsel for the petitioner submits that the injury report of the informant shows that the alleged injury caused by the petitioner on informant is simple in nature. There

Patna High Court CR. MISC. No.19526 of 2023(2) dt.17-05-2023 2/2 is land dispute between the parties and she has falsely been implicated in this case. The alleged occurrence took place on 15.12.2021. However, the FIR was lodged on 22.12.2021 without assigning any reason for the inordinate delay. Petitioner is a woman, languishing in jail custody since 17.10.2022. The petitioner has no criminal antecedent. The charge has already been framed in this case.

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

Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Lakhisarai in connection with Kajra P.S. Case No. 125 of 2021. (Sunil Dutta Mishra, J) saurabhkr/- U T