Patna High CourtCR. MISC./48919/2023bail granted

Sunita Devi v. The State Of Bihar

2023-08-04Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48919 of 2023 Arising Out of PS. Case No.-318 Year-2021 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== SUNITA DEVI Wife of Kishori Rai Resident of Village - Gamhari Bathani Tola, P.S.- Baikunthpur, District - Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Dubey, Advocate For the Opposite Party/s :

Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-08-2023 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 Baikunthpur P.S. Case No. 318 of 2021 dated 14.11.2021 registered for the offences punishable u/s 302 read with Section 34 of the Indian Penal Code.

4. As per the prosecution case, when the mother-in-law of the informant was lighting the lamp in front of the door of her house, in the meantime, the petitioner and the co-accused persons came to her door and started assaulting her with slaps and bricks due to which she died.

Patna High Court CR. MISC. No.48919 of 2023(2) dt.04-08-2023 2/2

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 co-accused person has already been granted bail by the Coordinate Bench of this court vide order dated 22.08.2022 passed in Cr. Misc. No. 16982 of 2022. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 15.04.2023.

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 and the allegation being general and omnibus, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gopalganj in connection with Baikunthpur P.S. Case No. 318 of 2021.

8. The application stands allowed.

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