Patna High CourtCR. MISC./51917/2023allowed

Kaushalya Devi v. The State Of Bihar

2023-11-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51917 of 2023 Arising Out of PS. Case No.-744 Year-2021 Thana- AKBARPUR District- Nawada ====================================================== Kaushalya Devi Wife Of Late Sharan Rajbanshi R/O Village Mayapur, P.S. Akbarpur, District Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Verma For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302 and 34 of the Indian Penal Code.

3. Allegation against the petitioner along with other co-accused person is that they thrashed the deceased Pinki Devi on the ground as a result of which the daughter of the informant died on spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. She has falsely been implicated in this case. There is no eye witness of the alleged occurrence. Nothing specific allegation has been levelled against the petitioner. A statement has been made in

Patna High Court CR. MISC. No.51917 of 2023(3) dt.28-11-2023 2/2 para-3 of this petition that the petitioner has got no criminal antecedent. Similarly situated other co-accused person has already been granted bail by different co-ordinate Bench of this Court vide order dated 18.09.2023 in Cr. Misc. No. 31130 of 2023. Moreover, she is languishing in judicial custody since 13.09.2022.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Akbarpur P.S. Case No. 744 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Nawada.

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