Sunita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54369 of 2024 Arising Out of PS. Case No.-377 Year-2019 Thana- WAJIRGANJ District- Gaya ====================================================== Sunita Devi, W/o- Birju Rajvanshi Village- Pathula, P.S-Wazirganj, DistrictGaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Jha For the Opposite Party/s :
Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-10-2024
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in a case registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code.
3. The learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a woman and the informant alleges that on 10.10.2019, her husband demanded his share in the property from his brothers Birju Rajvanshi, Ajay Rajvanshi and Mushafir Rajbanshi. It is next alleged that Birju and Mushafir caught her husband by his hair and assaulted him by lathi while Ajay assaulted her husband by fists and kicks and thereafter, the petitioner and Kanchan Devi assaulted the informant by fists and punches. It is further alleged
Patna High Court CR. MISC. No.54369 of 2024(2) dt.25-10-2024 2/2 that husband of the informant, during the course of treatment, died on 11.10.2019.
4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case being wife of Birju. It is further submitted that there was a dispute amongst the brothers in relation to ancestral property on account of which, an altercation took place in which both sides assaulted each other. It is also submitted that even presuming what has been alleged is true without admitting, then the petitioner is not alleged to have assaulted the husband of the informant.
5. Learned A.P.P. opposes the bail application.
6. Considering the submissions made by the learned counsel appearing on behalf of the petitioner, the petitioner, above-named, is directed to be released on bail on his 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 A.C.J.M., 1st, Gaya in connection with Wazirganj P. S. Case No.377 of 2019.
7. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T