Shakuntala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 51090 of 2022 Arising Out of PS. Case No.-230 Year-2021 Thana- PIPRAHI District- Sheohar ====================================================== SHAKUNTALA DEVI WIFE OF LATE VISHUN SAH RESIDENT OF VILLAGE NAYAGAON MAHUAWA PS PIPRAHI DISTRICT SHEOHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhay Shankar Singh, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-12-2022 The matter has been taken-up through video conference.

Heard learned counsel for the petitioner and learned A.P.P for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from today. The petitioner seeks bail in connection with a case registered for the offence punishable under Sections 447, 147, 149, 341, 323, 325, 307, 354, 302 of the Indian Penal Code. The allegation is of committing murder of the father of the informant with lathi, rod, etc. for trivial issue. Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is further submitted that the petitioner is an old lady, aged about 72 years and too old to walk without stick and she is not named in the F.I.R. During the course of investigation one witness, namely, Bhujunga Sah disclosed the name of petitioner, about her presence with her stick. Further, it is submitted that

Patna High Court CR. MISC. No. 51090 of 2022(2) dt.16-12-2022 2/2 another co-accused namely, Rakesh Sah and Krishannandan Sah have been granted bail by a Co-ordinate Bench of this Court passed in Criminal Miscellaneous No. 18330 of 2022 vide order dated 03.08.2022 and another co-accused, namely, Mahavir Sah has also been granted bail by a co-ordinate Bench of this Court vide order dated 02.09.2022 passed in Criminal Miscellaneous No. 18983 of 2022. The petitioner is in custody since 12.07.2022, is a person with clean antecedent and charge-sheet has been submitted in the case.

Learned A.P.P for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) only with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Sheohar in connection with Piprahi P.S. Case No. 230 of 2021.

(Khatim Reza, J) Sankalp/- U T