Mukhni Devi @ Makhuni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35758 of 2024 Arising Out of PS. Case No.-504 Year-2023 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== 1.

Mukhni Devi @ Makhuni Devi Wife of Sri Laxmi Mahto Resident of Mohalla - Jaheliya Gali, Sikandarpur, P.S.- Town, District - Muzaffarpur 2.

Laxmi Mahto Son of Late Harihar Mahto Resident of Mohalla - Jaheliya Gali, Sikandarpur, P.S.- Town, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for bail in a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

3. The allegation against the accused persons including the petitioners is that they have assaulted to the informant's husband by means of lathi, danda, knife, kicks and fist due to which he sustained injury and succumbed to injury.

Patna High Court CR. MISC. No.35758 of 2024(2) dt.16-05-2024 2/3

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. The petitioners are pattidar of the informant and they have been falsely implicated in this case. The Informant is not the eye witness of the alleged occurrence. General and omnibus allegation has been levelled against the petitioners and no any specific overt act of assault has been alleged against these petitioners. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Petitioners are languishing in judicial custody since 08.01.2024.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on

Patna High Court CR. MISC. No.35758 of 2024(2) dt.16-05-2024 3/3 furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Nagar (Sikandarpur O.P.) P.S. Case No. 504 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T