Sanjariya Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30421 of 2023 Arising Out of PS. Case No.-73 Year-2023 Thana- CHANDI District- Bhojpur ====================================================== Sanjariya Devi Wife Of Mantu Singh R/O-Salempur, P.S.-Chandi, Distt.- Bhojpur At Ara ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Parwej Khan For the Opposite Party/s :
Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-07-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner seek regular bail in connection with Chandi P.S. Case No. 73 of 2023 registered for the offence under Sections 147, 148, 149, 323, 336, 337, 338, 326, 307, 302, 506, 504 of the Indian Penal Code and Section 27 of the Arms Act.
As per prosecution case, while the informant was at his home, meanwhile the accused persons including the petitioner came there and started assaulting and pelting stones upon him. Other co-accused persons have also firing upon the informant and others. During course of this incident, one Dhannu Singh died and others sustained injury who were taken to hospital for treatment. Thereafter, this case has been lodged. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.30421 of 2023(3) dt.18-07-2023 2/3 petitioners are innocent and have committed no offence. The petitioner is a lady and she is alleged to be only member of unlawful assembly due to which she has falsely been made accused in the present case. From perusal of FIR, it appears that no specific allegation of firing is attributed against the petitioner rather general and omnibus allegations are leveled against her. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Moreover, similarly situated several co-accused persons have already been granted bail by this Court vide order dt. 26.6.2023 passed in Cr. Misc. No. 33622 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 8.3.2023. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the fact that the petitioner, being a lady as well as her period of custody, this court is inclined to enlarge her on bail. The above named petitioner is directed to be released on bail in connection with Chandi P.S. Case No. 73 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 5th
Patna High Court CR. MISC. No.30421 of 2023(3) dt.18-07-2023 3/3 Additional Chief Judicial Magistrate Vth, Bhojpur at Ara. (Sunil Kumar Panwar, J) Amandeep/- U T