Priyanka Kumari @ Priyanka Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66226 of 2022 Arising Out of PS. Case No.-302 Year-2022 Thana- BASANTPUR District- Siwan ====================================================== PRIYANKA KUMARI @ PRIYANKA DEVI Wife of Tarun Tiwari Resident of Village - Jagatpur Tiwari Tola, P.S.- Basantpur (Naviganj O.P.), District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kishore Prasad, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 14-03-2023 Let the defect(s), if any, pointed out by the office be removed within three weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.

Heard learned counsel for the petitioner, learned counsel for the Informant and the learned APP for the State. Petitioner seeks regular bail in connection with Basantpur P.S. Case No.302 of 2022 registered for the offences punishable under Sections 341, 323, 324, 307, 302 and 120(B) of the Indian Penal Code.

As per the prosecution, the informant alleged that this petitioner along with other co-accused assaulted the deceased by means of tangi, lathi, danda etc. due to which he died. The main submissions advanced by the learned counsel for the petitioner are that though the petitioner is named in the FIR

Patna High Court CR. MISC. No.66226 of 2022(2) dt.14-03-2023 2/2 but against her there is no specific allegation in the FIR and she has been languishing in jail since 30.06.2022 with her baby aged about three years and several persons got named in the FIR and the main allegation of assaulting by means of Tangi and Dab to the victim is against the co-accused persons namely Prabhu Tiwari, Rohit Tiwari, Hani Tiwari and Lalu Tiwari and the allegation concerned to the petitioner is general and omnibus. Learned APP appearing for the State as well as learned counsel appearing for the Informant have opposed the bail prayer.

In view of the facts, as stated above, and the facts that the petitioner is a woman having three years old baby with her in the judicial custody and in the FIR there is no specific allegation against her and several persons were named in the FIR, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Basantpur P.S. Case No.302 of 2022.

(Shailendra Singh, J) sangam/- U T