Asha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47255 of 2023 Arising Out of PS. Case No.-847 Year-2020 Thana- SUPAUL District- Supaul ====================================================== Asha Devi Wife Of Sri Pankaj Kumar Choudhary Resident Of Ashok Nagar, Ward No.- 25 Of Nagar Parishad, P.S.- Supaul, District - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Mr. Ritwik Thakur, Advocate Mrs. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Supaul P.S. Case No. 847 of 2020 dated 16.12.2020 registered for the offences u/s 302 read with section 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have assaulted the informant's wife and when the informant returned to his house for lunch, he

Patna High Court CR. MISC. No.47255 of 2023(2) dt.03-08-2023 2/3 pacified the matter. It is further alleged that subsequently he went to get some grocery from the market and when he came back, he saw his wife was lying in unconscious condition due to burn injuries and the smell of kerosene oil was coming from the cot and other articles,. He also alleged that the petitioner and the other co-accused persons tried to push the informant in the fire, due to which he received burn injury in his hand.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The petitioner is a lady. There is no eyewitness of the alleged occurrence. Similarly situated co-accused has already been granted bail by the co-ordinate bench of this court vide order dated 10.05.2022 passed in Cr. Misc. No. 50512 of 2021. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 27.05.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of

Patna High Court CR. MISC. No.47255 of 2023(2) dt.03-08-2023 3/3 the like amount each to the satisfaction of learned Court concerned, Supaul in connection with Supaul P.S. Case No. 847 of 2020.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T