Sabitree Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61401 of 2023 Arising Out of PS. Case No.-227 Year-2023 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Sabitree Devi, Wife of Suresh Ram, Resident of Kotwa, Ward No.6, P.O., P.S. and District - Gopalganj, Bihar-841428 ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== For the Petitioner/s :
Mr.Akshay Ashish, Advocate For the Opposite Party/s :
Mr.Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-09-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks.
2. Heard learned counsel for the petitioner and learned A.P.P for the State.
3. The petitioner has preferred this application for grant of regular bail in connection with Gopalganj P.S. Case No. 227 of 2023 dated 28.03.2023 registered for the offences punishable u/ss 302, 307, 504 read with Section 34 of the Indian Penal Code.
4. As per the prosecution case, the petitioner and the co-accused persons started assaulting the informant's uncle with lathi, danda and iron rod causing head injuries. During the
Patna High Court CR. MISC. No.61401 of 2023(2) dt.12-09-2023 2/3 course of assault, the co-accused Gautam Ram and Manu assaulted on the head of his uncle brutally causing injuries. The petitioner also assaulted the informant with lathi and danda. Thereafter, all the accused persons fled away from the spot. The informant's uncle brought to the hospital for treatment where the doctor declared him dead.
5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is case and counter case between the parties. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that the allegation against the petitioner is of assaulting the informant. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is a lady who is in custody since 29.03.2023.
6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gopalganj in connection with Gopalganj P.S. Case
Patna High Court CR. MISC. No.61401 of 2023(2) dt.12-09-2023 3/3 No. 227 of 2023.
8. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T