Fekni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67823 of 2023 Arising Out of PS. Case No.-25 Year-2023 Thana- SALAIYA District- Aurangabad ====================================================== Fekni Devi Wife Of Surendra Bhuiyan Resident Of Village -Shankarpur, P.S.- Salaiya, District- Aurangabad, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in a case instituted for the offence under Sections 341, 323, 325, 307/34 of the Indian Penal Code and Section 302 IPC was further added. As per allegation in the FIR, two accused persons, namely, Mahendra Bhuiya and Rohit Bhuiyan surrounded the informant near Gazgaah bridge. It is further alleged that on evening petitioner and several accused persons came to the house of the informant and again assaulted him by means of axe, lathi and danda.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Specific allegation of inflicting axe blow upon the deceased is against

Patna High Court CR. MISC. No.67823 of 2023(2) dt.01-11-2023 2/2 accused Pooja Kumari and not against the petitioner. General and omnibus allegation has been levelled against the petitioner. Petitioner was only the member of mob. During investigation, no consistent material has come against the petitioner to show her involvement in the present case. There is delay of two days in lodging the FIR. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 9.7.2023. The application for bail is opposed by learned APP for the State.

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 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 ACJMVII, Aurangabad, Bihar in connection with Salaiya P.S. Case No. 25 of 2023.

(Sunil Kumar Panwar, J) sushma/- U