Shobha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61724 of 2022 Arising Out of PS. Case No.-165 Year-2022 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== Shobha Devi Wife Of Shri Arbind Pathak R/V- Maniyaar, P.S.- Mohiuddin Nagar, District- Samastipur, Pin- 848502 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suresh Pd Singh No.1 For the Opposite Party/s :

Mr. Bharat Lal ====================================================== 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 341, 323, 324, 307, 326, 504, 506/34 of of the Indian Penal Code and later on Section 302 of the IPC is added.

As per allegation in the FIR, informant alleged that his grandson was beaten while he was going to school. After that informant went petitioner's home for complain but petitioner along with co-accused persons stabbed with knife and brutally assaulted on the head of his son namely Rohan Sah, by means of iron rod and also filled sand in his injury. It

Patna High Court CR. MISC. No.61724 of 2022(3) dt.16-03-2023 2/3 is further alleged that the injured died during course of treatment.

It is submitted by learned counsel for the petitioner that the petitioner is a household lady and she has falsely been implicated in this present case due to political rivalry. According to the postmortem report which is annexed in Annexure-2 which shows that neither any knife injuries nor any sand particles have been found in the injury of the deceased. It is also submitted that informant is also not an eye witness of the alleged occurrence. The prosecution case hinges around hearsay evidence. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Moreover petitioner is languishing in judicial custody since 06.07.2022.

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

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 M. Nagar P.S. Case No. 165 of 2022 in furnishing bail bond of Rs. 10,000/- (Rupees ten thousand)

Patna High Court CR. MISC. No.61724 of 2022(3) dt.16-03-2023 3/3 with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VI, at Samastipur.

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