Bibi Sabnam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61260 of 2022 Arising Out of PS. Case No.-144 Year-2020 Thana- SABAUR District- Bhagalpur ====================================================== Bibi Sabnam Wife Of Md Amjad Resident Of Village- Rajpur, P.S.- Sabour, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Sabour P.S. Case No. 144 of 2020 registered under sections 341, 323, 324, 307, 302 and 34 of the Indian Penal Code.

Allegation against the co-accused persons including this petitioner is that they assaulted the informant's son and other three members at the instance of previous dispute due to which they sustained injuries. Later on, the other injured persons and the informant's son were taken to the hospital where the informant's son declared dead.

Patna High Court CR. MISC. No.61260 of 2022(3) dt.20-04-2023 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. She has falsely been implicated in this case. It is further submitted that there is no specific overt act of assaulting has been alleged against the petitioner rather general and omnibus allegation has been levelled against her. It is also submitted that there is no independent eye witness of the alleged occurrence. Petitioner is a lady and she has got no criminal antecedent. Moreover, she is languishing in judicial custody since 06.04.2021. Similarly situated other co-accused persons have already been granted bail by the different co-ordinate Bench of this Court vide order dated 08.12.2022 in Cr. Misc. No. 48709 of 2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Sabour P.S. Case No. 144 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the

Patna High Court CR. MISC. No.61260 of 2022(3) dt.20-04-2023 3/3 like amount each to the satisfaction of the learned Additional Sessions Judge, VIII, Bhagalpur.

(Sunil Kumar Panwar, J) shubham/- U T