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Patna High CourtCR. MISC./60912/2023allowed

Sangeeta Devi v. The State Of Bihar

2023-09-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60912 of 2023 Arising Out of PS. Case No.-61 Year-2023 Thana- PARSABAZAR District- Patna ====================================================== SANGEETA DEVI WIFE OF CHANDAN NUT RESIDENT OF VILLAGE -NATHUPUR, PS -PARSA BAZAR, DISTT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Majid Mahboob Khan For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in a case instituted for the offence under Sections 147, 149, 341, 323, 332, 452, 379 and 504 of the Indian Penal Code and later on Section 302 IPC was added.

As per allegation in the FIR, over a dispute of playing misic in high volume, an scuffle took place. Co-accused Sunny Kumar, Deepak Mishra and some unknown persons assaulted the son of the informant, namely, Aakash , with stick and iron rod and later on he died.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. No explanation of lodging the FIR is explained. Specific overt act

Patna High Court CR. MISC. No.60912 of 2023(2) dt.15-09-2023 2/2 is levelled is against co-accused Deepak and Praduman and not against the petitioner. General and omnibus allegation has been levelled against the petitioner. Nothing has been recovered from the possession or house of the petitioner. Petitioner is a women and languishing in judicial custody since 5.3.2023. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Patna in connection with Parsa Bazar PS Case No. 61 of 2023.

(Sunil Kumar Panwar, J) sushma/- U