Sangeeta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8463 of 2021 Arising Out of PS. Case No.-293 Year-2020 Thana- PARSABAZAR District- Patna ====================================================== Sangeeta Devi, aged about 38 years, female, Wife of Sri Raj Deo Paswan, Resident of Village-Sakaraicha, P.S.-Parsa Bazar, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Mouar, Adv.

For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-12-2021 Heard the counsel for the parties.

The petitioner seeks bail in anticipation of her arrest in connection with Parsa Bazar P.S. Case No. 293 of 2020, dated 09.08.2020, instituted for the offences under Sections 147, 149, 341, 323, 504 and 302 of the Indian Penal Code.

The brother-in-law of the deceased has lodged the F.I.R. alleging that while he was at the house of the

Patna High Court CR. MISC. No.8463 of 2021(2) dt.17-12-2021 2/3 deceased, all the accused persons including the petitioner came and assaulted the deceased by means of lathi, as a result of which he was hospitalized and later, during the course of treatment, he died.

It has been submitted on behalf of the petitioner that though she has been named as one of the assailants of the deceased, but the background facts clearly reveal that she has falsely been implicated in this case. In fact, there was a dispute between the deceased and the husband of the petitioner with respect to fixing of electric pole. In that dispute, the deceased died. However, taking advantage of this death and because of old enmity between the parties, all the family members of Raj Deo Paswan, who is the husband of the petitioner, have been made accused. Even children of the family have not been spared.

Aforesaid Raj Deo Paswan has been granted bail after remaining in custody for a longtime.

Considering the aforesaid background facts of the case, the petitioner, in the event of her arrest or surrender before the learned Court below within a period of four

Patna High Court CR. MISC. No.8463 of 2021(2) dt.17-12-2021 3/3 weeks, is directed to be released on bail on her furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-XVI, Patna in connection with Parsa Bazar P.S. Case No. 293 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T