Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55077 of 2024 Arising Out of PS. Case No.-343 Year-2020 Thana- BOCHAHAN District- Muzaffarpur ====================================================== 1.

Sunita Devi W/O Ram Nath Rai R/O Village-Gopalpur Chakhazi,PS_Bochahan, Distt-muzaffarpur 2.

Suresh Rai S/O Lalbahadur Ray @ Lalbabu Ray R/O Village-Gopalpur Chakhazi,PS_Bochahan, Distt-muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Nitu Kumari, Adv.

For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-09-2024 Learned counsel for the petitioners seeks permission to withdraw the bail application with respect to petitioner no. 2, namely, Suresh Rai.

2. Permission is accorded.

3. Accordingly, the bail application with respect to petitioner no. 2, is dismissed as withdrawn.

4. Heard learned counsel for the petitioner no. 1 and learned A.P.P. for the State.

5. The petitioner apprehends her arrest in connection with Bochahan P.S. Case No. 343 of 2020 registered under Sections 147, 148, 149, 341, 323, 307, 279, 337, 338, 353, 504 and 506 of the Indian Penal Code.

Patna High Court CR. MISC. No.55077 of 2024(2) dt.20-09-2024 2/3

6. As per prosecution case, while the police party was returning after conducting raid, all the FIR named accused persons, including this petitioner started throwing bricks and stones on the police party.

7. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Further submission is that there is general and omnibus allegation against this petitioner. Similarly situated co-accused persons have already been granted bail by this Court vide order dated 22.09.2022 passed in Cr. Misc. No. 27188 of 2022. Petitioner is a lady and has got clean antecedent.

8. Learned A.P.P. for the State opposed the prayer for bail of the petitioner.

9. Having considered the fact that petitioner is a lady and has got clean antecedent and similarly situated co-accused persons have already been granted bail, let petitioner no. 1, namely, Sunita Devi, be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate-I, Muzaffarpur in connection with Bochahan P.S. Case No. 343 of 2020, subject to

Patna High Court CR. MISC. No.55077 of 2024(2) dt.20-09-2024 3/3 the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Singh, J) utkarsh/- U T