Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72214 of 2022 Arising Out of PS. Case No.-234 Year-2022 Thana- KATORIYA District- Banka ====================================================== Sunita Devi W/O Suchit Yadav Resident Of Village- Tulsiwaran, P.S.- Katoriya, District- Banka.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-03-2023 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 a case registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 302, 120(B), 504, 506 of the Indian Penal Code.

The prosecution case in nutshell is that when the son of informant forbade one Dablu Yadav to pass his tractor through the maize field of the informant, then petitioner along with other co-accused persons surrounded the son of informant. When he tried to

Patna High Court CR. MISC. No.72214 of 2022(2) dt.16-03-2023 2/3 escape from there, co-accused Kanchan Kumar caught his hand and co-accused Rohit Kumar assaulted him with lathi over his head. When the wife of informant came to his rescue then co-accused Pappu Yadav assaulted her with Axe due to which she succumbed to head injuries. It is submitted by learned counsel for the petitioner that the petitioner is innocent and she has falsely been implicated in the present case. There is general and omnibus allegation against the petitioner rather the specific allegation of assaulting the wife of the informant is levelled against co-accused Pappu yadav. Moreover, the petitioner is languishing in judicial custody since 02.07.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similarly situated several co-accused persons have been granted bail by different co-ordinate Benches of this Court.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Patna High Court CR. MISC. No.72214 of 2022(2) dt.16-03-2023 3/3 Having heard learned counsel for the parties and taking into consideration 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 in connection with Katoriya P.S. Case No. 234 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka. (Sunil Kumar Panwar, J) nirajkrs/- U T