Baby Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44618 of 2023 Arising Out of PS. Case No.-379 Year-2022 Thana- KONCH District- Gaya ====================================================== Baby Devi, wife of Late Mrityunjay Das, R/O Village- Konchdih, P.S.- Konch, Dist- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar, Adv.
For the Opposite Party/s :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-08-2023
1. Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under sections 147, 148, 149, 323, 307, 354(B), 448, 379, 427, 504 and 506 of the Indian Penal Code.
3. On the alleged date and time of occurrence, all the FIR named accused persons armed with deadly weapons entered into the house of the informant and tried to outrage the modesty of the informant and also looted gold and silver ornaments and Rs. 4200/- cash. It is further alleged that all the accused persons tried to kill the members of the informant's side, in which Suraj Paswan sustained injury.
4. It is submitted that allegation of assault is general and omnibus against this petitioner and no specific overt act is
Patna High Court CR. MISC. No.44618 of 2023(2) dt.08-08-2023 2/2 attributed against her. It is further submitted that similarly situated co-accused persons have been granted bail by a coordinate Bench of this Court vide order passed on Cr. Misc. No. 25216 of 2023. The petitioner claims clean antecedent.
5. Learned counsel for the State opposes the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be 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 learned J.M. 1st class, Gaya in connection with Konch P.S. case no. 379 of 2022 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) annu/kaushikU T