Yashoda Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65035 of 2022 Arising Out of PS. Case No.-120 Year-2022 Thana- KASMA District- Aurangabad ====================================================== Yashoda Devi Wife of Anand Yadav R/o- Bakshi Bigha, P.S.- Kasma, DistrictAurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Kasma P.S. Case No. 120 of 2022 registered for the offence under Sections 302, 307, 341, 323, 504, 337 and 34 of the Indian Penal Code The accused/petitioner is named in the F.I.R. and is in custody since 11.09.2022.

The allegation against the petitioner is to commit murder of uncle of the informant, alongwith other co-accused persons, due to previous enmities, arises out of land disputes. Learned counsel appearing on behalf of the petitioner submitted that from the bare perusal of F.I.R., the allegation, as regard to assault appears very much general and omnibus against this

Patna High Court CR. MISC. No.65035 of 2022(2) dt.22-12-2022 2/2 petitioner, who is a lady of clean antecedent. It is also submitted that allegation, as regard to fatal assault, is available against co-accused Anand Yadav, which also appears in corroboration with post-mortem report, qua, manner of assault, as alleged through F.I.R. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as allegation regard to assault, is very much general and omnibus against this petitioner, who is a lady of clean antecedent coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Kasma P.S. Case No. 120 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 learned Chief Judicial Magistrate, Aurangabad/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T