Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28019 of 2022 Arising Out of PS. Case No.-318 Year-2021 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== 1.

SUNITA DEVI Wife of Kishor Rai Resident of Village - Gamhari Bathani Tola, P.S.- Baikunthpur, District - Gopalganj. 2.

Suganti Devi @ Kanti Devi Wife of Birendra Rai Resident of Village - Gamhari Bathani Tola, P.S.- Baikunthpur, District - Gopalganj. 3.

Sonu Kumar Son of Kishore Rai Resident of Village - Sonbalia, P.S.- Baikunthpur, District - Gopalganj.

4.

Rahul Kumar Son of Kishore Rai Resident of Village - Sonbalia, P.S.- Baikunthpur, District - Gopalganj.

5.

Rima Devi Wife of Jaglal Rai Resident of Village - Sonbalia, P.S.- Baikunthpur, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Addl Public Prosecutor for informant Mr. Ranjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-09-2022 Heard learned counsel for the petitioners, the informant and the State.

Petitioners apprehend arrest in a case registered for offence punishable under sections 302/34 of the Indian Penal Code.

As per the prosecution case, petitioners and other accused persons assaulted the victim with bricks, fists and slaps as a result of which she sustained nine injuries and died thereof. Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.28019 of 2022(2) dt.26-09-2022 2/2 petitioners are innocent and have falsely been implicated in this case. There is general and omnibus allegation of assault against all the accused persons and no specific overt act has been alleged against the petitioners. Petitioners claims clean antecedent.

Learned counsel appearing for the State as well as the informant oppose the prayer for bail. Post mortem report also supports the prosecution story.

In view of the nature and gravity of allegation, prayer for bail of the petitioners is refused with direction to surrender and seek regular bail which would be considered and disposed of on its own merit without prejudice.

(Prabhat Kumar Singh, J) Shashi U T