Usha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51054 of 2023 Arising Out of PS. Case No.-67 Year-2022 Thana- ASHOK PAPER MILL DistrictDarbhanga ====================================================== Usha Devi Wife Of Bajrangi Sah @ Bajrani Sah Village Sripur Bahadurpur Ps Ashok Paper Mill District Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Baidya Nath Prasad For the Opposite Party/s :
Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-10-2023 Heard learned counsel for the petitioner, informant and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 341, 323, 447, 307, 326(A), 504, 506/34 of the Indian Penal Code.
3. As per prosecution case, the informant's son went to show seeds of leaf vegetables in his field then the co-accused Bajrangi Sah opposed him for doing so and claimed that the field is mine and a hot discussion took place between them. It is alleged that the petitioner brought two bottles of acid from her house and handed over to the co-accused Bajrangi Sah and when he about to throw acid upon the informant's son, in the meantime her brother-in-law came between them and Vikash
Patna High Court CR. MISC. No.51054 of 2023(4) dt.30-10-2023 2/3 Kumar Bhagat injured and later on succumbed to injury. It is further alleged that when Vijay Bhagat and Ashok Bhagat went to save Vikash Kumar Bhagat then co-accused Bajrangi Sah also sprinkled acid upon them.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to previous land dispute. She has committed no offence. There is no specific overt act of sprinkling acid upon the body of the deceased is against the petitioner rather the specific allegation of sprinkling acid to the deceased is against co-accused Bajrangi Sah. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. She is languishing in judicial custody since 27.05.2023.
5. The application for bail is opposed by learned APP for the State and learned counsel for the informant and submitted that this petitioner handed over the acid to the coaccused Bajrangi Sah, due to which Vikash Bhagat died.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, being a lady as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten
Patna High Court CR. MISC. No.51054 of 2023(4) dt.30-10-2023 3/3 thousand only) with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Ashok Paper Mill P.S. Case No. 67 of 2022.
(Sunil Kumar Panwar, J) Arish/- U T