Sintu Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29777 of 2023 Arising Out of PS. Case No.-119 Year-2022 Thana- RAJPUR District- Rohtas ====================================================== Sintu Devi W/O Rajesh Paswan R/O Village- Nima, P.S- Rajpur, Distt.- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Siddharth Harsh, Adv.
For the Opposite Party/s :
Mr. Atul Chandra, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 18-05-2023
1. Heard learned counsel for the petitioner and the learned APP for the State.
2. Petitioner seeks regular bail in connection with Rajpur P.S. Case No. 119 of 2022 dated 23.09.2022 registered for the offences punishable under Sections 147, 148, 149, 302, 337, 338 and 504 of the Indian Penal Code and Section 37 of Bihar Prohibition and Excise Act.
3. The main submissions advanced by learned counsel for the petitioner are that there is no specific allegation against this petitioner and the main allegation of assaulting at the head of the deceased by means of iron rod is against co-accused Rajesh Paswan and as per the allegation, this petitioner and two female co-accused
Patna High Court CR. MISC. No.29777 of 2023(2) dt.18-05-2023 2/3 persons namely Sarita Devi and Malti Devi simply pelted bricks and stones at the prosecution party and except this, there is no any other allegation against the petitioner and two similarly situated co-accused persons namely Sarita Devi and Shyam Bihari Ram have been granted bail by a co-ordinate Bench of this Court vide order passed in Cr. Misc. No. 11856/2023 and the petitioner is a lady and the alleged occurrence was not pre-planned and the same took place in the spur of moment. Further submissions are that the petitioner has fair and clean antecedent and has been languishing in jail since 23.02.2023.
4. Per Contra, the learned APP for the State has vehemently opposed the prayer for bail.
5. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record and also the fact that two similarly situated co-accused persons named-above are on bail, I deem it fit and proper to admit the petitioner to the privilege of bail.
6. Accordingly, let the petitioner named-above be
Patna High Court CR. MISC. No.29777 of 2023(2) dt.18-05-2023 3/3 enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Rajpur P.S. Case No. 119 of 2022.
(Shailendra Singh, J) annu/- U T