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Patna High CourtCR. MISC./31726/2024bail granted

Dharmavati Devi v. The State Of Bihar

2024-05-06Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31726 of 2024 Arising Out of PS. Case No.-491 Year-2023 Thana- MIRGANJ District- Gopalganj ====================================================== Dharmavati Devi WIFE OF MUNNA SINGH VILLAGE- KHAIRATIYA, PS- MIRGANJ, DIST- GOPALGANJ ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vyas Kumar Mishra For the Opposite Party/s :

Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Mirganj P.S. Case No. 491 of 2023, registered for the offences punishable under sections 341, 323, 324, 307, 354, 379, 504 and 506/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and other co-accused persons are alleged to have abused and assaulted the informant's mother with labda. When the informant asked the reason for assault, all the accused persons including the petitioner assaulted the informant and his mother with lathi, danda and sword. The co-accused Nilesh Kumar attached with

Patna High Court CR. MISC. No.31726 of 2024(2) dt.06-05-2024 2/3 the sword to the neck of the informant due to which he sustained head injury, they also attacked the informant's mother with lathi on her head due to which she got injured. The co-accused persons also snatched Rs. 5,000/- from the pocket of the informant.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is a lady and there is general and omnibus allegation against the petitioner. Both the parties are Khas Pattidar. There is a case and counter case between both the parties. The petitioner is in custody since 03.03.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gopalganj in connection with Mirganj P.S. Case No. 491 of 2023.

Patna High Court CR. MISC. No.31726 of 2024(2) dt.06-05-2024 3/3

7. The application stands allowed.

(Chandra Prakash Singh, J) Ranjeet/- U T