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Patna High CourtCR. MISC./47198/2021bail granted

Kanti Devi v. The State Of Bihar

2022-02-08Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47198 of 2021 Arising Out of PS. Case No.-99 Year-2021 Thana- PAKARIBARAW District- Nawada ====================================================== KANTI DEVI W/o Shatrughn Ravidas Resident of Village - Dhamaul, P.S.- Pakribarawan (Dhamaul), Distt.- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar, Adv.

For the Opposite Party/s :

Ms. Pushpa Sinha, APP For the Informant : Mr. Ram Pravesh Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-02-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 307 and other sections of the Indian Penal Code.

As per the prosecution case, over a trivial dispute it is stated that Satrughan Ravidas and his son Bharat Ravidas assaulted the father of the informant with an iron rod on his head causing serous injuries. It is further stated that three other accused persons including the petitioner herein also assaulted with lathi etc.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The

Patna High Court CR. MISC. No.47198 of 2021(2) dt.08-02-2022 2/2 allegations are general and omnibus in nature and the same are not supported by the postmortem report (Annexure-2/2 to this petition). The petitioner who is a lady is in custody since 15.4.2021 and has no criminal antecedent. Chargesheet has been submitted in the case.

The application for bail is opposed by learned A.P.P. for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that not only the petitioner is named in the F.I.R. but overt act has been alleged against her.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the contents of the postmortem report and petitioner having remained in custody for over 9 months, the Court directs the petitioner to be enlarged on bail in connection with Pakribarawan (Dhamaul) P.S. Case no. 99 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st, Nawada.

(Partha Sarthy, J) Bibhash/- U