Sangita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56353 of 2023 Arising Out of PS. Case No.-21 Year-2023 Thana- GORAUL District- Vaishali ====================================================== SANGITA DEVI wife of Manoj Saw @ Manoj SAh R/o- Sehan Ps- Goraul OP Katahra Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-10-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner seeks regular bail in connection with Goraul (Katahara O.P.) P.S. Case No. 21 of 2023 registered for the offence under Sections 341, 323, 325, 307, 379, 504, 506, 302/34 of the Indian Penal Code.

3. As per prosecution case, the accused persons including the petitioner is alleged to have assaulted to the informant's son as a result of which he succumbed to injuries. Accordingly, the present FIR.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. From perusal of FIR along with case diary, it appears that no specific overt-act attributed to

Patna High Court CR. MISC. No.56353 of 2023(3) dt.09-10-2023 2/2 the petitioner rather general and omnibus allegations of assaulting leveled against him. No one is eye witnesses of the alleged occurrence. Similarly situated other accused person has already been enlarged on bail by this Court vide order dated 8.8.2023 passed in Cr. Misc. No. 37736 of 2023. Petitioner has got no criminal antecedent and languishing in judicial custody since 17.5.2023.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioners, this court is inclined to enlarge them on bail. The above named petitioners are directed to be released on bail in connection with Goraul (Katahara O.P) P.S. Case No. 21 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur. (Sunil Kumar Panwar, J) sushma/- U