Sarita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61857 of 2023 Arising Out of PS. Case No.-98 Year-2023 Thana- DHORAIYA District- Banka ====================================================== 1.

Sarita Devi W/O Chhote Raut R/O Village- Tarwa, P.S- Dhoraiya, Distt.- Banka.

2.

Dejee Devi W/O Chandan Raut R/O Village- Tarwa, P.S- Dhoraiya, Distt.- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandad Prasad For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 304, 34, of the Indian Penal Code.

As per prosecution case, the allegation against the petitioners is that they assaulted on the mouth of the informant's daughter by fists due to which she became unconscious. Thereafter, she was taken to hospital where doctor declared her dead.

Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence.

Patna High Court CR. MISC. No.61857 of 2023(2) dt.15-09-2023 2/2 They have falsely been implicated in this case due to enmity. There is allegation of giving fists blow, which is not intentional and also is not sufficient to cause death. It is further submitted that the petitioners have got no criminal antecedent. Moreover, they are languishing in judicial custody since 22.04.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Dhoraiya P.S. Case No. 98 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court. (Sunil Kumar Panwar, J) Manishkumar/- U T