Patna High CourtCR. MISC./64904/2022allowed

Poonam Devi v. The State Of Bihar

2023-04-27Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64904 of 2022 Arising Out of PS. Case No.-47 Year-2022 Thana- DAUDNAGAR District- Aurangabad ====================================================== POONAM DEVI Wife of Dharmendra Paswan Resident of- Shamshernagar Pidi Par, P.S.- Daudnagar, District- Aurangabad(Bihar) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.N.K. Agrawal, Sr. Adv.

Mr. Kumar Rajdeep, Mr. Arvind Kumar, Adv.

For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 147, 148, 149, 341, 323, 307, 353, 504, 506 and 302 of the Indian Penal Code. As per allegation in the FIR, petitioner along with other co-accused persons have created hindrance by pelting stones to the police party in discharging the official duty. It is further alleged that petitioner threw tail-crown made of iron upon the head of police sub-inspector Virendra Kumar Paswan due to which he became injured and later on he died during treatment at Patna.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.64904 of 2022(5) dt.27-04-2023 2/2 has submitted that petitioner is innocent and has committed no offence. Petitioner was simply a member of the mob. The alleged occurrence took place at the spur of moment. There was no prior intention to kill the deceased. General and omnibus allegations have been levelled against him. Petitioner is a lady and she is languishing in judicial custody since 28.01.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the fact that petitioner is a lady, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Daudnagar in connection with Daudnagar P.S. Case No. 47 of 2022.

(Sunil Kumar Panwar, J) sushma/- U