Sangita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61748 of 2023 Arising Out of PS. Case No.-586 Year-2022 Thana- CHHATAUNI District- East Champaran ====================================================== SANGITA DEVI wife of Mohan Kumar @ Mohan Gupta Village- Arya Samaj chowk Ps- Chhatauni dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Samir Kumar For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code.

3. As per prosecution case, the petitioner along with other co-accused persons are alleged to have surrounded the informant and his brother on 27.11.2022 while they were returning from coaching. Co-accused Ranu Kumar assaulted the brother of the informant namely, Ayush Kumar @Golu by means of knife resulting his death.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. She has falsely been implicated in this case due to prior enmity between

Patna High Court CR. MISC. No.61748 of 2023(2) dt.15-09-2023 2/2 the parties. From perusal of FIR, it appears that co-accused Ranu Kumar is specifically alleged to have assaulted the deceased by means of knife whereas, general and omnibus allegation of assaulting is leveled against this petitioner. Similarly situated co-accused namely, Mohan Kumar vide Annexure-3 has already been granted bail by order dt. 25.5.2023 passed in Cr. Misc. No. 28934 of 2023. Moreover, the petitioner has got no criminal antecedent and languishing in judicial custody since 2.12.2022.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Chhatauni P.S. Case No. 586 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-XII, East Champaran, Motihari. (Sunil Kumar Panwar, J) Amandeep/- U T