Prabhawati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21289 of 2023 Arising Out of PS. Case No.-4 Year-2023 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== PRABHAWATI DEVI W/O Shivji Yadav Presently Resident of VillageGagaura P.O.-Churamanpur, P.S.- Buxar (Industrial), District-Buxar ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alka Singh For the Opposite Party/s :
Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner has preferred this application for grant of regular bail in connection with Buxar (Industrial) P.S. Case No. 04 of 2023 dated 05.01.2023 registered for the offences punishable u/s 147, 148, 149, 341, 323, 324, 307, 302, 379, 504 and 506 of the Indian Penal Code.
As per the prosecution case, the petitioner and 14 other co-accused persons, in the background of some land dispute, attacked the informant and his family members. The
Patna High Court CR. MISC. No.21289 of 2023(2) dt.22-05-2023 2/3 assailants were variously armed and caused a number of injuries to their victims. One Bhadeshwar Yadav succumbed to the injury.
Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case due to land dispute. Nothing has been recovered from the conscious possession of the petitioner. Both parties belong to the same family. The petitioner is a lady. The main allegation of assaulting the deceased is against the co-accused Ramashis Yadav and Tej Narayan Yadav. Similarly situated co-accused has already been granted bail by the co-ordinate bench vide order dated 15.05.2023 passed in Cr. Misc. No. 18173 of 2023. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 06.01.2023. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
Considering the aforesaid facts and circumstances of the case as well as the period of custody and the petitioner being a lady, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Buxar in connection
Patna High Court CR. MISC. No.21289 of 2023(2) dt.22-05-2023 3/3 with Buxar (Industrial) P.S. Case No. 04 of 2023. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T