Parwati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30614 of 2021 Arising Out of PS. Case No.-477 Year-2020 Thana- TURKAULIYA District- East Champaran ====================================================== PARWATI DEVI Wife of Yadolal Shani Resident of Village- Raghunathpur, Ward No. 4,P.S.- Turkauliya (Raghunathpur), District- East Champaran (Motihari).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anshu Dhar Sharma, Adv.

For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 307, 120B and 34 of the Indian Penal Code.

As per the prosecution case, it is stated by the informant that the eight named accused persons including the petitioner herein came variously armed with chaku, farsa etc. and started to assault the members of the informant's family. As a result of the injury sustained the husband of the informant died. The other injured were taken for treatment. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case

Patna High Court CR. MISC. No.30614 of 2021(3) dt.05-01-2022 2/2 because of land dispute between the parties which would be evident from the F.I.R. itself. It is further submitted that all the members of the family have been implicated. In the second part of F.I.R. although allegations have been made against the lady including the petitioner herein, however on the face of it, it would be evident that the allegations have been made only to falsely implicate the lady members. The petitioner is in custody since 20.7.2020 and has no criminal antecedent. Investigation in the case has concluded.

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

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner who is a lady having remained in custody for over 1 year 5 months, the Court directs the petitioner to be enlarged on bail in connection with Turkauliya (Raghunathpur) P.S. Case no. 477 of 2020 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 C.J.M., Motihari (East Champaran).

(Partha Sarthy, J) Bibhash U