Patna High CourtCR. MISC./21448/2023bail granted

Babita Devi v. The State Of Bihar

2023-05-17Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21448 of 2023 Arising Out of PS. Case No.-384 Year-2022 Thana- PUNAURA District- Sitamarhi ====================================================== BABITA DEVI Wife of Narendra Singh R/V- Khairwa Goat Ward no. 3, PSPunaura Dist- Stiamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-05-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Punaura P.S. Case no. 384 of 2022 registered under sections 302 and 34 of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, it is stated by the informant that the four named accused persons including the petitioner herein had caught hold the son of the informant while co-accused Raja Kumar shot him with a pistol as a result of which he died.

4. Learned counsel for the petitioner submits that the petitioner who is a lady has been falsely implicated in the case. Even from the allegations in the FIR the allegation of firing is on co-accused Raja Kumar and not against the petitioner herein.

Patna High Court CR. MISC. No.21448 of 2023(2) dt.17-05-2023 2/2 The petitioner is in custody since 2.1.2023 and has no criminal antecedent.

5. Heard learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the FIR, the allegation of firing as per the FIR being solely against co-accused Raja Kumar, the petitioner having remained in custody since 2.1.2023, chargesheet having been submitted in the case and the petitioner not having any criminal antecedent, the petitioner is directed to be enlarged on bail in connection with Punaura P.S. Case no. 384 of 2022 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 Chief Judicial Magistrate, Sitamarhi. (Partha Sarthy, J) Spd/- U T