Sunita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64930 of 2022 Arising Out of PS. Case No.-287 Year-2022 Thana- KUMAR KHAND District- Madhepura ====================================================== SUNITA DEVI Wife of Late Dinesh Mallah Resident of village - Bhatni Ward No.- 06, P.S.- Kumarkhand (O.P. Bhatni), District - Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjeet Kumar Singh For the Opposite Party/s :
Mr.Jai Narain Thakur ====================================================== 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 prayed for regular bail in a case registered for the offence punishable under sections 147, 149, 341, 323, 307, 427, 447, 504 and 506 of the Indian Penal Code. As per prosecution story, the informant alleged that on 19.8.2022, the FIR named accused persons including the petitioner armed with lathi danda came and started construction by encroaching the government land. When the informant opposed them, they assaulted to the informant and his wife due to which both were badly injured.
Learned counsel for the petitioner submits that the petitioner is innocent and committed no offence. She has falsely been implicated in the present case due to admitted land dispute
Patna High Court CR. MISC. No.64930 of 2022(2) dt.24-02-2023 2/2 between the parties. It is further submitted that there is case and counter case between the parties i.e. Kumarkhand P.S. Case No. 286 of 2022. There is no specific overt-act of assault is against the petitioner. The petitioner is a lady and she is languishing in judicial custody since 19.8.2022.
Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering 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 released on bail in connection with Kumarkhand P.S. Case No. 287 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 Additional Chief Judicial Magistrate IInd, Madhepura.
(Sunil Kumar Panwar, J) Amandeep/- U T