Nain Kumari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20210 of 2023 Arising Out of PS. Case No.-11 Year-2023 Thana- HIRAMMA P.S. District- Sheohar ====================================================== Naval Kishore Singh S/O Late Vishwanath Singh Resident Of VillageMadhopur Chatta, P.S.- Hiramma, District- Sheohar. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 21049 of 2023 Arising Out of PS. Case No.-11 Year-2023 Thana- HIRAMMA P.S. District- Sheohar ====================================================== Nain Kumari Devi Wife Of Naval Kishore Singh Resident Of Village - Madhopur Chatta, P.S. - Hiramma, Distt. - Sheohar ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 20210 of 2023) For the Petitioner/s :

Mr.Dilip Kumar Roy For the Opposite Party/s :

Mr.Pranav Kumar (In CRIMINAL MISCELLANEOUS No. 21049 of 2023) For the Petitioner/s :

Mr.Dilip Kumar Roy For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-05-2023 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 324,

Patna High Court CR. MISC. No.20210 of 2023(2) dt.19-05-2023 2/3 326, 341, 307, 504, 506, 34 of the Indian Penal Code and Section 27 of the Arms Act.

As per FIR, the allegation against the petitioners along with co-accused is that they came at the house of the informant and started abusing and when family members of the informant tried to pacify co-accused, namely, Sachin fired upon his family members due to which daughter and brother of the informant sustained gunshot injuries. Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case due to land dispute. There is no specific allegation of shot fire attributed against the petitioners rather general and omnibus allegation attributed against them. The specific allegation of shot fire is against co-accused, namely, Sachin. The petitioners have got no criminal antecedent. It is further submitted that nothing incriminating article has been recovered from their conscious possession. Moreover, the petitioners are languishing in judicial custody since 25.01.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

Patna High Court CR. MISC. No.20210 of 2023(2) dt.19-05-2023 3/3 Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Hiramma P.S. Case No. 11 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sheohar.

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