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Patna High CourtCR. MISC./66035/2021bail granted

Buchiya Devi @ Bucho Devi v. The State Of Bihar

2022-02-25Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66035 of 2021 Arising Out of PS. Case No.-198 Year-2021 Thana- SANGRAMPUR District- Munger ====================================================== BUCHIYA DEVI @ BUCHO DEVI Wife of Sikandar Sharma Resident of Village/Muhalla- Bhalua, P.S.- Sangrampur, District- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Jai Narain Thakur Mr. Kumar Kamal Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-02-2022 Heard learned counsel for the petitioner, the State and the informant.

The matter has been taken up through video conferencing.

Petitioner seeks regular bail in a case registered for the offence punishable under Section 302/307/34 of the Indian Penal Code.

As per the prosecution case, FIR named accused persons, including this petitioner, variously armed, came and assaulted the brother of informant, who subsequently died. It is further alleged that all the accused persons threatened the informant of dire consequence if he gives information to the police. It is alleged that there is dispute of boundary of the land

Patna High Court CR. MISC. No.66035 of 2021(2) dt.25-02-2022 2/2 between the parties and due to that the occurrence has taken place.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. No specific overt act has been alleged against this petitioner and she is simply a member of mob though during the course of investigation the widow of the deceased stated that on the order of this petitioner other accused persons assaulted the deceased. Petitioner is in custody since 10.08.2021 and investigation in this case is complete.

Learned counsel appearing for the State and the informant opposed the prayer for bail and submitted that there is allegation against this petitioner that she along with other accused persons assaulted the deceased.

Considering the facts of the case, the period of custody and the fact that petitioner is a lady, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st class, Munger in connection with Sangrampur PS case No.198/2021. BKS/- (Prabhat Kumar Singh, J) U T