Sanjo Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44559 of 2023 Arising Out of PS. Case No.-34 Year-2023 Thana- UDAKISHUNGANJ District- Madhepura ====================================================== Sanjo Devi W/O Santu Kumar R/O Village- Rampur Khora, Ward No.-07, P.S- Udakishunganj, Distt.- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 307 and 34 of the Indian Penal Code and Sections 27 and 25(1-B)a of Arms Act.

Allegation against the petitioner is that she had illicit relationship with co-accused, namely, Hare Ram Mahto, and on her order, co-accused Hare Ram Mahto fired bullet from his firearm on the chest of the son of the informant, due to which he sustained firearm injury.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. She has falsely been implicated in this case. It is further submitted that

Patna High Court CR. MISC. No.44559 of 2023(2) dt.28-07-2023 2/2 petitioner is only order giver and the specific overt act of firing upon the son of the informant is against co-accused, namely, Hare Ram Mahto not against this petitioner. No any specific overt act has been attributed against the petitioner. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, she is languishing in judicial custody since 09.02.2023 along with her child. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the fact that the petitioner is a lady and her period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Udakishunganj P.S. Case No. 34 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1, Udakishunganj, Madhepura.

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