Savita Devi @ Sabitri Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44972 of 2023 Arising Out of PS. Case No.-143 Year-2023 Thana- KOILWAR District- Bhojpur ====================================================== Savita Devi @ Sabitri Devi Wife Of Madan Ray @ Bikash Ray Resident Of Village - Sakaddi, P.S.- Koilwar, District - Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Jee Mishra For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-08-2023 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 147, 149, 302, 504 and 506 of the Indian Penal Code.

3. Allegation against the co-accused persons along with this petitioner is that they assaulted the informant's brother by means of lathi, danda and iron rod due to which he sustained injuries and later on he died in hospital.

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 due to land dispute. It is further submitted that the FIR has been lodged after conducting postmortem report. It is also submitted that there is no specific

Patna High Court CR. MISC. No.44972 of 2023(3) dt.28-08-2023 2/2 overt act of assaulting against the petitioner rather general and omnibus allegation has been levelled against her. 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 15.03.2023.

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 that the petitioner being 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 Koilwar P.S. Case No. 143 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 Chief Judicial Magistrate, Bhojpur at Ara.

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