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Patna High CourtCR. MISC./7685/2021allowed

Usha Devi v. The State Of Bihar

2021-06-22Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7685 of 2021 Arising Out of PS. Case No.-135 Year-2020 Thana- DALSINGHSARAI District- Samastipur ====================================================== 1.

USHA DEVI Wife of Ram Babu Ray Resident of Village- Khoksha, P.S.- Dalsingh Sarai, District- Samastipur.

2.

Ram Babu Ray Son of Ramasray Ray Resident of Village- Khoksha, P.S.- Dalsingh Sarai, District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sujit Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-06-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual court proceedings. The petitioners seek bail in a case registered for the offence punishable under Sections 307, 326A/34, 341 of the Indian Penal Code.

Prosecution case is that when the informant was seeing the construction work of his house, in the meantime, petitioners and other accused persons came and started to throw acid due to which Arun Ray, Prem Kumar, Ganita Devi, Anuthi Devi, Chandra Kala Devi, Ram Dulari Devi and Nirbhay Kumar sustained acid injury.

Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this

Patna High Court CR. MISC. No.7685 of 2021(2) dt.22-06-2021 2/2 case. He submits that there is general and omnibus allegation levelled against the petitioners. He submits that petitioners was living with her husband and other family members and she was arrested by the police from her village along with three months child. He submits that similarly situated co-accused has been granted bail by the learned court below itself. He further submits that petitioners have no criminal antecedent and they are languishing in judicial custody since 09.05.2020. In the facts and circumstances of the case, let the petitioners, above named, be released 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 the learned Additional Chief Judicial Magistrate-I, Dalsingh Sarai in connection with Dalsingh Sarai P.S. Case No. 135 of 2020. (Anjani Kumar Sharan, J) devendra/- U T