Babita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52704 of 2022 Arising Out of PS. Case No.-345 Year-2017 Thana- HUSSAINGANJ District- Siwan ====================================================== Babita Devi Wife Of Late Ashok Sah, D/O Bramhdeo Sah R/O VillageRashid Choak, P.S.- Hussainganj, Dist.- Siwan (BIHAR), Pin Code- 841226 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satish Kumar For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-12-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 328, 302, 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no eye witness to the occurrence and only on the basis of suspicion, petitioner has been made accused in this case. He submits that there is no specific overt act against the petitioner. He submits that there is general and omnibus allegation levelled against the petitioner. He submits that similarly situated co-accused has already been granted bail

Patna High Court CR. MISC. No.52704 of 2022(2) dt.13-12-2022 2/2 by a Bench of this Court vide order dated 25.04.2019 passed in Cr. Misc. No. 48857 of 2018. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Hussainganj P.S. Case No. 345 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T