Patna High CourtCR. MISC./24342/2023bail granted

Nirmala Devi v. The State Of Bihar

2023-05-18Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24342 of 2023 Arising Out of PS. Case No.-143 Year-2022 Thana- RAHIKA District- Madhubani ====================================================== NIRMALA DEVI wife of Lal Mukhia Village- Jagatpur Baniya tole ward no7, ps po- Rahika Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Miss Kusum Rani, Advocate For the Opposite Party/s :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-05-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with S.T no. 3 of 2023 (arising out of Rahika P.S. Case no. 143 of 2022) registered under sections 302 and 34 of the Indian Penal Code.

3. As per the prosecution case, it is stated that while the petitioner caught hold of the husband of the informant, coaccused Bajrangi Kumar struck him with a knife as a result of which he died on way to the hospital.

4. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. No occurrence in the manner alleged has taken place. Even as per the allegation in the FIR, the allegation of assault is on co-

Patna High Court CR. MISC. No.24342 of 2023(2) dt.18-05-2023 2/2 accused Bajrangi Kumar and not the petitioner. The petitioner has no criminal antecedent, she is in custody since 24.7.2022 and charge sheet has been submitted in the case

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 who happens to be a 45 year old lady having no criminal antecedent, her being in custody for 9 months since 24.7.2022 and charge sheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with S.T no. 3 of 2023 (arising out of Rahika P.S. Case no. 143 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 Sessions Judge, Madhubani.

(Partha Sarthy, J) Prakash/- U