Fulbasiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37678 of 2023 Arising Out of PS. Case No.-233 Year-2022 Thana- KONCH District- Gaya ====================================================== FULBASIYA DEVI Wife of Upendra Das Resident of village - Sarbahada, P.S. - Konch, Distt. - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Singh For the Opposite Party/s :

Mrs.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-07-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Konch P.S. Case No. 233 of 2022, registered for offence punishable under sections 341, 323, 307, 354(B), 504 and 506/34 of the Indian Penal Code. Later on section 302 of the Indian Penal Code was added.

As per allegation, nine named accused persons, including the petitioner assaulted the informant, her mother-inlaw and her father-in-law. They also assaulted grandfather-inlaw of the informant. Her father-in-law died during course of treatment and after his death Section 302 of the Indian Penal Code was added.

The learned counsel for the petitioner has submitted that the petitioner is a lady. She is innocent. The allegation is

Patna High Court CR. MISC. No.37678 of 2023(2) dt.03-07-2023 2/2 general and omnibus and on exactly similar footing, co-accused Munni Devi and Urmila Devi have been granted bail by a coordinate Bench of this Court in Cr. Misc. No. 7813 of 2023. On the other hand, the learned APP has opposed the prayer for bail.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Gaya in connection with Konch P.S. Case No. 233 of 2022,, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make herself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, her bail bond shall be liable to be cancelled.

(Nawneet Kumar Pandey, J) Mahesh/- U T