Indu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68267 of 2021 Arising Out of PS. Case No.-196 Year-2021 Thana- DARIYAPUR District- Saran ====================================================== Indu Devi w/o Sri Anil Sharma Resident of village - Bela, P.s.- Dariyapur, Distt.- Saran., ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Parmeshwar Vishwakarma, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 18-10-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Dariyapur P.S. Case No. 196 of 2021 registered for the offence under Sections 341, 323, 324, 304(B), 379, 307, 504, 506, 34 and 302 of Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 08.06.2021.

The allegation against the petitioner is to cause physical assault to informant having intention to cause death, who subsequently died during the course of treatment at P.M.C.H. Learned counsel appearing on behalf of the petitioner submitted that allegation against petitioner is general and omnibus,

Patna High Court CR. MISC. No.68267 of 2021(5) dt.18-10-2022 2/2 who is alleged to make an assault on leg and hand of informant/injured/deceased. It is further submitted that the specific allegation of causing fatal assault is available against co-accused namely, Anil Sharma. Learned counsel further submitted that appearance is founded over land disputes. While concluding the argument, it has been submitted that petitioner is a lady of clean antecedent and moreover, investigation of this case has been completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, opposes the prayer of bail.

In view of the facts and circumstances as mentioned above, as specific allegation regarding fatal assault is available against co-accused not against this petitioner, who is a lady of clean antecedent coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Dariyapur P.S. Case No. 196 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court of A.D.J.-XIII, Saran at Chapra/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Archana/- U T