Pushpa Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52232 of 2021 Arising Out of PS. Case No.-28 Year-2021 Thana- INDUSTRIAL District- Bhagalpur ====================================================== PUSHPA DEVI Wife of Sujeet Mandal Resident of Village- Rani Talab, P.S.- Industrial Area, District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-04-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Industrial Area Police Station Case No. 28 of 2021, registered for the offence punishable under Sections 341/323/324/307/ 504/34 of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that the petitioner, along with others, assaulted the informant by means of knife and iron-rod, due to which he sustained injury on his head.

Learned Counsel for the petitioner submits that the petitioner is the second wife of the informant and there is no

Patna High Court CR. MISC. No.52232 of 2021(2) dt.22-04-2022 2/3 specific allegation against her that she assaulted the informant and from perusal of the First Information Report, it is evident that while other accused persons were assaulting the informant, the petitioner was only abusing the informant. He further submits that there was some dispute between the petitioner and the informant, being wife and husband, due to which the petitioner has falsely been implicated in this case. He further submits that the petitioner, being a lady, is in custody since 12.02.2021, having no criminal antecedent and charge sheet has been submitted against her and as such there is no likelihood that the petitioner will abscond and/or tamper with the evidence.

Regards being had to the submissions advanced on behalf of the parties and taking into consideration the materials on record and the fact that the petitioner is not the assailant, charge sheet has already been submitted in this case and the petitioner, being a lady, is in custody since 12.02.2021, having no criminal antecedent, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.52232 of 2021(2) dt.22-04-2022 3/3 learned Chief Judicial Magistrate, Bhagalpur, in connection with Industrial Area Police Station Case No. 28 of 2021. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √