Madhuri Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27672 of 2024 Arising Out of PS. Case No.-201 Year-2019 Thana- BIDUPUR District- Vaishali ====================================================== MADHURI DEVI, WIFE OF DHARAMNATH SINGH, RESIDENT OF VILLAGE - MADHURAPUR, P.S. - BIDUPUR, DISTRICT - VAISHALI ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dinesh Jha, Advocate For the Opposite Party/s :
Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-04-2024
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Sessions Trial no. 738 of 2023, arising out of Bidupur P.S. Case no. 201 of 2019 registered under sections 302 and 34 of the Indian Penal Code and section 27 of the Arms Act.
3. As per the prosecution case, the informant states that as a result of digging of a ditch an altercation started between the parties. It is stated that the petitioner and one another called the other accused persons and as a result of indiscriminate firing by Abhishek Kumar and Vivek Kumar Singh, the informant's father sustained injury and died. It is further stated that the petitioner and the wife of Vivek Kumar Singh assaulted the wife of the informant with a bamboo stick as a result of which she sustained injury on her head. After treatment she returned home.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.27672 of 2024(2) dt.19-04-2024 2/2 allegations levelled in the FIR are false and concocted. The parties are agnates and have been falsely implicated in the case because of land dispute. Co-accused Anjali Devi has been enlarged on bail vide order dated 26.5.2021 passed in Cr. Misc. no.8273 of 2021. The petitioner has no criminal antecedent and is in custody since 15.9.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, grant of bail to similarly situated co-accused Anjali Devi, the petitioner having remained in custody for 7 months since 15.9.2023 and chargesheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Sessions Trial no.738 of 2023 (arising out of Bidupur P.S. Case no.201 of 2019) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VII, Vaishali at Hajipur. (Partha Sarthy, J) avinash/- U T