Patna High CourtCR. MISC./49217/2023bail granted

Rita Devi @ Anita Devi v. The State Of Bihar

2023-08-17Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49217 of 2023 Arising Out of PS. Case No.-283 Year-2023 Thana- FATUA District- Patna ====================================================== 1.

Rita Devi @ Anita Devi Wife Of Ashok Paswan Resident Of Village- Lalu Chowk Industrial Area Budhu Chak, Ps- Fatuha, Distt- Patna 2.

Dumrahi Devi @ Sirati Devi Wife Of Ravinder Singh Resident Of VillageLalu Chowk Industrial Area Budhu Chak, Ps- Fatuha, Distt- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anjana For the Opposite Party/s :

Mr.Choubey Jawahar For the Informant :

Mr. Vijay Kumar Sinha Mr. S.K. Bhatnagar Mr. Arbind Kumar Srivastaw ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-08-2023

1. Learned counsel for the petitioners 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 petitioners and learned A.P.P. for the State.

3. The petitioners have preferred this application for grant of regular bail in connection with Fatuha P.S. Case No. 283 of 2023 dated 17.04.2023, registered for the offences punishable u/ss 323, 341, 354 and 302 read with Section 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioners and co-

Patna High Court CR. MISC. No.49217 of 2023(2) dt.17-08-2023 2/3 accused persons holding lathi, iron rod and brick in connivance with one another are alleged to have assaulted the husband of the informant severely. When she tried to rescue, she was assaulted and due to that she became nude. During the course of treatment, the doctor has declared dead.

5. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. Nothing incriminating material has been recovered from the conscious possession of the petitioners. Both the petitioners are ladies. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 18.04.2023.

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

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna City under Patna Judgeship, in connection with Fatuha P.S. Case No. 283 of 2023.

Patna High Court CR. MISC. No.49217 of 2023(2) dt.17-08-2023 3/3

8. The application stands allowed.

(Chandra Prakash Singh, J) vikashkr/alokU T