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Patna High CourtCR. MISC./54644/2023allowed

Sarita Soren @ Sabita Soren v. The State Of Bihar

2023-11-08Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54644 of 2023 Arising Out of PS. Case No.-162 Year-2023 Thana- BANKA District- Banka ====================================================== 1.

Sarita Soren @ Sabita Soren Daughter Of Jeetu Soren Resident Of Village - Khirkitari, Police Station - Banka, District - Banka 2.

Tulsi Hembram @ Tulsimuni Hembram @ Tulsimuni Soren Wife Of Jeetu Soren Resident Of Village - Khirkitari, Police Station - Banka, District - Banka 3.

Sarojani Soren Daughter Of Jeetu Soren Resident Of Village - Khirkitari, Police Station - Banka, District - Banka 4.

Jeetu Soren Son Of Late Pagla Soren Resident Of Village - Khirkitari, Police Station - Banka, District - Banka ... ... Petitioner/s

Versus

The State Of Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-11-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under section 302, 120B of the Indian Penal Code.

3. As per FIR, the informant alleged that the petitioners and co-accused persons committed murder of his son due to family dispute.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.54644 of 2023(3) dt.08-11-2023 2/3 petitioners has submitted that petitioners are innocent and have committed no offence. The petitioner No-1 is wife of the deceased and other petitioners are in-laws and due to which they have falsely been implicated in this present case. The informant is not an eye witness of the alleged occurrence and there is no specific allegation levelled against the petitioners. As per Para-9 and 10 of the bail petition, two complaint cases have been lodged. It is further submitted that due to family dispute the deceased tried to commit murder of his wife by means of dabia and when petitioner no-2, came to save her in the meantime dabia blow caused death to the deceased. The petitioners are languishing in judicial custody since 20.03.2023 and 23.03.2023 respectively.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Banka P.S. Case No. 162 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.54644 of 2023(3) dt.08-11-2023 3/3 satisfaction of learned Chief Judicial Magistrate, Banka. (Sunil Kumar Panwar, J) manishkumar/- U