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Patna High CourtCR. MISC./59950/2021bail granted

Shushila Devi v. The State Of Bihar

2022-07-11Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59950 of 2021 Arising Out of PS. Case No.-157 Year-2021 Thana- TAJPUR District- Samastipur ====================================================== SHUSHILA DEVI W/o Pramod Kumar Singh @ Pramod Singh Resident of Village- Kaijiya Bishanpur, P.S.- Tajpur (Waini O.P.), District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Tajpur P.S. Case no. 157 of 2021 instituted for the offence under Sections 147, 148, 149, 341, 323, 307, 302, 504 of the Indian Penal Code.

Prosecution story relates to abuse and assault to the informant and his family members by the petitioners and other co-accused persons. Co-accused Umesh Kumar Singh assaulted the father of the informant with spade and iron rod and he fell down and died on spot. When uncle and aunt of the informant came there to save him, they were also assaulted by several coaccused persons with lathi and iron rod, resulting into injuries.

Patna High Court CR. MISC. No.59950 of 2021(2) dt.11-07-2022 2/3 Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. Specific allegation of assaulting to the father of the informant is against Umesh Kumar Singh and Pramod Kumar Singh and petitioner is wife of co-accused Pramod Kumar Singh against whom there is general and omnibus allegation. Co-accused Sonu Kumar Singh has already been granted anticipatory bail by a different co-ordinate Bench vide order dated 17.05.2022 passed in Cr. Misc. No. 53854 of 2021, and the case of the petitioner stands on better footing to that of the co-accused.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Tajpur P.S. Case no. 157 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM 1st, Samastipur subject to the

Patna High Court CR. MISC. No.59950 of 2021(2) dt.11-07-2022 3/3 conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U