Patna High CourtCR. MISC./22141/2023bail granted

Most. Sita Devi v. The State Of Bihar

2023-05-17Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22141 of 2023 Arising Out of PS. Case No.-65 Year-2023 Thana- PURNEA SADAR District- Purnia ====================================================== Most. Sita Devi W/O Late Raju Choudhary @ Late Sukumar Jayswal Resident Of Village- Belouri, Ward No.- 44, P.S.- Sadar, (Muffasil), DistrictPurnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Yogendra Kumar, 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 Sadar (Muffasil) P.S Case no.65 of 2023 registered under sections 302 and 34 of the Indian Penal Code.

3. As per the prosecution case, it is stated that on the order of the petitioner her son assaulted the brother of the informant with a kudal causing serious injuries and as a result of which on being taken to the hospital, he was declared dead.

4. It is submitted by learned counsel for the petitioner that the petitioner, who is a lady, has been falsely implicated in the case. Even as per the allegations in the F.I.R, she is said to be the order giver. She is in custody since 21.1.2023 and charge-

Patna High Court CR. MISC. No.22141 of 2023(2) dt.17-05-2023 2/2 sheet has been submitted in the case. She has no criminal antecedent.

5. Heard learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the F.I.R wherein she is alleged to be an order giver, the allegation of assault being on her son Karan Kumar, the petitioner being in custody for 4 months since 21.1.2023, not having any criminal antecedent and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Sadar (Muffasil) P.S Case no.65 of 2023 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, Purnea. (Partha Sarthy, J) Shiv/- U T