Babita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72677 of 2024 Arising Out of PS. Case No.-90 Year-2014 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Babita Devi Wife of Chhotelal Mahato @ Chhotelal Mahto Resident of Village - Husseni, P.S. - Dumariya Ghat, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Patel, Advocate For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Sahebganj P.S. case No. 90 of 2014 instituted for the offences under Sections 341, 448, 302, 504/34 of the Indian Penal Code and 27 of the Arms Act.

3.

Prosecution case, in short, is that all the accused persons including this petitioner entered the house of the informant's brother. Thereafter, co-accused persons including the petitioner caught hold the brother of the informant and the co-accused Harendra Mahto fired upon him, as a result of which, he sustained injuries and died during treatment. 4.

Learned counsel for the petitioner submitted that

Patna High Court CR. MISC. No.72677 of 2024(2) dt.04-10-2024 2/3 the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner also submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. The specific accusation of firing is attributed to co-accused Harendra Mahto. Learned counsel further submitted that informant is not the eye-witness to the occurrence. Charge-sheet has been submitted in this case and charge has also been framed. It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.06.2024 and has no criminal antecedent. Other co-accused has been granted bail by this Court vide order dated 12-03-2024, passed in Cr. Misc. No. 15700 of 2024. 5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, clean antecedent, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sahebganj P.S. case

Patna High Court CR. MISC. No.72677 of 2024(2) dt.04-10-2024 3/3 No. 90 of 2014.

(Rudra Prakash Mishra, J) Raj Kishore/- U T