Minu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64774 of 2022 Arising Out of PS. Case No.-176 Year-2022 Thana- RASULPUR District- Saran ====================================================== Minu Devi D/O Nanhe Ram R/O Village- Padarauna, P.S- Barharia, DistrictSiwan ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Raghav Prasad For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-02-2023 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 Section 302/34 of the Indian Penal Code.

As per allegation in the FIR, co-accused Manu Ram and Sanu Ram assaulted the father of informant, namely, Deocharan Ram, with knife on chest and abdomen, due to which he succumbed to injuries. It is also alleged that petitioner and other co-accused persons have made conspiracy in the alleged offence.

Patna High Court CR. MISC. No.64774 of 2022(2) dt.24-02-2023 2/3 It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case only on the basis of suspicion. There is no material evidence against the petitioner. There is no specific overt act of allegation levelled against her rather the allegation levelled against her is general and omnibus. Petitioner is non-assailant. The specific act of assaulting is against Manu ram and Sanu Ram. Moreover, the petitioner is languishing in judicial custody since 22.06.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

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

Patna High Court CR. MISC. No.64774 of 2022(2) dt.24-02-2023 3/3 with Rasulpur P.S. Case No. 176 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 Judicial Magistrate, 1st Class, Chapra. (Sunil Kumar Panwar, J) nirajkrs/- U T