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Patna High CourtCR. MISC./65397/2023allowed

Rani Devi v. The State Of Bihar

2023-10-17Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65397 of 2023 Arising Out of PS. Case No.-486 Year-2022 Thana- KISHANGANJ District- Kishanganj ====================================================== RANI DEVI WIFE OF SONE LAL DAS RESIDENT OF VILLAGE - FARINGOLA, PS- KISHANGANJ, DISTT- KISHANGANJ ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 307, 504, 506/34 of the Indian Penal Code and subsequently added section, 302 of the I.P.C.

3. As per prosecution case, FIR named accused persons including the petitioner came at informant's house and started assaulting him and his family members. When father of the informant tried to oppose, the accused persons caught his throat and beaten up him badly due to which he sustained injuries and died during course of treatment. The informant also sustained injury in the alleged occurrence.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.65397 of 2023(2) dt.17-10-2023 2/2 petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to dirty village politics. From perusal of FIR, it appears that general and omnibus allegation of assaulting is leveled against the petitioner. No specific overt act attributed against the petitioner. He has also got no criminal antecedent and languishing in judicial custody since 5.7.2023. Moreover, co-accused namely, Falen Das @Fulen Das was already enlarged on bail granted by a coordinate Bench of this Court vide order dt. 12.10.2023 passed in Cr. Misc. No. 47601 of 2023.

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

6. Considering the facts and circumstances of the case as well as the petitioner, being a lady and her custody period, this court is inclined to enlarge her on bail. The above named petitioner is directed to be released on bail in connection with Kishanganj P.S. Case No. 486 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Kishanganj. (Sunil Kumar Panwar, J) Amandeep/- U T