Rekha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79545 of 2023 Arising Out of PS. Case No.-261 Year-2023 Thana- UCHKAGAON District- Gopalganj ====================================================== Rekha Devi W/O Sanjay Sah R/O Shyampur Noniya Tola, Ps- Uckhkagwon, Dist- Gopalganj ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar Singh For the Opposite Party/s :
Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 307, 302, 504, 506 and 34 of the Indian Penal Code.
3. Allegation against co-accused persons along with this petitioner is that they came at the house of the informant and assaulted her husband by means of iron rod and knife due to which he sustained injuries when she came to save her husband then accused persons assaulted her as well. Due to the injury sustained on the body of the informant's husband, he died.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. She has falsely been implicated in this case. There is no specific overt
Patna High Court CR. MISC. No.79545 of 2023(3) dt.02-02-2024 2/2 act of assault against the petitioner rather co-accused persons assaulted the informant's husband due to which he died. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, she is languishing in judicial custody since 14.07.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts that petitioner being a lady and her period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Uchkagaon P.S. Case No. 261 of 2023 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-IX, Gopalganj. (Sunil Kumar Panwar, J) sushma/- U T