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Patna High CourtCR. MISC./73927/2024allowed

Khushbu Kumari @ Khushboo Kumari @ Khushbu Devi v. The State Of Bihar

2024-12-18Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73927 of 2024 Arising Out of PS. Case No.-174 Year-2024 Thana- SANGRAMPUR District- East Champaran ====================================================== Khushbu Kumari @ Khushboo Kumari @ Khushbu Devi Wife of Navlesh Thakur @ Naulesh Thakur R/O Vill- Sangrampur Mathiya, P.S- Sangrampur, District - East Champaran at Motihari ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the Opposite Party/s :

Mr. Binod Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Sangrampur P.S. Case No.174 of 2024 instituted under Sections 126(2), 115(2), 118(1), 117(2), 109, 329(3), 352 and 3(5) of the Bhartiya Nyaya Sanhita.

3. As per the prosecution case, the F.I.R. named accused persons came at the house of the informant and started abusing the informant and on objection co-accused Naulesh Thakur assaulted with lathi causing injury on her back and when informant's devar (brother-in-law), namely, Baliram Thakur

Patna High Court CR. MISC. No.73927 of 2024(3) dt.18-12-2024 2/3 came to save her then co-accused Naulesh Thakur assaulted him with Kudal (spade) on his head. Co-accused Sonu Thakur assaulted informant's husband with farsa on his back. Sonu Thakur also assaulted Sapna Kumari with lathi on her hand. Wife of co-accused Lalan Thakur assaulted on hand of Priti Kumari. The brother-in-law (devar) of the informant was referred to Sadar Hospital, Motihari, wherein he died during the treatment.

4. Learned counsel for the petitioner submits that petitioner was neither named in the F.I.R. nor any specific allegation made against her. Learned counsel further submits that her name was implicated later on being the wife of co-accused Naulesh Thakur with the ulterior motive due to land dispute. The petitioner has no criminal antecedent. She is in custody since 17.08.2024. The chargesheet has already been submitted. The petitioner undertakes to co-operate in the trial of this case.

5. Learned A.P.P. for the State opposes the prayer for bail.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champarat, Motihari/

Patna High Court CR. MISC. No.73927 of 2024(3) dt.18-12-2024 3/3 concerned Court in connection with Sangrampur P.S. Case No.174 of 2024.

(Sunil Dutta Mishra, J) Siwani/- U