Patna High CourtCR. MISC./759/2017allowed

Sunita Devi v. The State Of Bihar

2017-02-22Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.759 of 2017 (3) dt.22-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.759 of 2017 Arising Out of PS.Case No. -665 Year- 2016 Thana -BIHTA District- PATNA ======================================================

1. Sunita Devi Wife of Ramesh Choudhary Resident of Village- Nagar Bihta, P.S.- Bihta, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Sinha For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 22-02-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner is in custody since 12.09.2016 in connection with Bihta P.S. Case No. 665 of 2016 registered under Sections 365, 341, 323, 324, 307/34 of the Indian Penal Code. Accusation is of assault, resultantly, the informant sustained injuries on his eye and neck and became senseless. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case due to village politics. Initially the petitioner has not been named in the F.I.R. but subsequently, on the basis of the re-statement of the informant, the name of this petitioner has been transpired merely on the suspicion and without any basis. No specific allegation of assault is made out against this petitioner, who is of clean antecedent. The petitioner is rotting in

Patna High Court Cr.Misc. No.759 of 2017 (3) dt.22-02-2017 custody for the last four months.

Considering the nature of accusation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-Danapur in connection with Bihta P.S. Case No. 665 of 2016.

(Arvind Srivastava, J) brajesh/- U T