Rubi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49738 of 2022 Arising Out of PS. Case No.-248 Year-2021 Thana- TARIYANI CHOWK District- Sheohar ====================================================== RUBI DEVI W/o Rohit Sahni R/o village- Ghusukpur, Ward No. 03, P.S.- Tariyani, District- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code.

The prosecution case, in brief, is that all the accused persons named in F.I.R. armed with lathi and danda assaulted the husband of the informant as a result of which he sustained injury thereafter he was taken to hospital where the informant's husband was declared dead.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. She has falsely been implicated in this case. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. The informant and the petitioner are next door

Patna High Court CR. MISC. No.49738 of 2022(3) dt.31-01-2023 2/2 neighbours and on pity matter they had not exchange which resulted into scuffle due to which the petitioner has falsely been implicated in this case. There is no specific overt-act has been made against the petitioner rather general and omnibus allegation against her. Moreover, similarly situated co-accused namely, Anjali Devi has already been granted bail by a co-ordinate bench of this court vide order dated 25.8.2022 in Cr. Misc. No. 14944 of 2022. The petitioner is a lady and she is languishing in judicial custody since 31.10.2021. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Tariyani P.S. Case No. 248 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., II, Sheohar. (Sunil Kumar Panwar, J) amandeep/- U T