Partima Devi @ Pratima Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71784 of 2023 Arising Out of PS. Case No.-373 Year-2023 Thana- GAURICHAK District- Patna ====================================================== Partima Devi @ Pratima Kumari Wife Of Late Mahesh Das Resident Of Village- Bakarchak, P.S.- Gaurichak, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanju Singh For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2023 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 147, 148, 149, 341, 323, 447, 448, 302, 504, 506 and 34 of the Indian Penal Code.

3. Allegation against the petitioner along with other co-accused persons is that they assaulted the informant's son and also assaulted the informant. Thereafter, co-accused persons fired upon the informant's son due to which he died on spot.

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. Nothing specific allegation has been levelled against the petitioner rather the specific

Patna High Court CR. MISC. No.71784 of 2023(2) dt.07-11-2023 2/2 allegation of firing upon the deceased is against other coaccused persons, namely, Vikash Das and Krishna Das. Petitioner was only a member of mob. Similarly situated other co-accused persons have already been granted bail by another co-ordinate Bench of this Court vide order dated 19.10.2023 in Cr. Misc. No. 63204 of 2023. Moreover, the petitioner is languishing in judicial custody since 13.07.2023.

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 and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Gaurichak P.S. Case No. 373 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 ACJM-VI, Patna City.

(Sunil Kumar Panwar, J) shubham/- U T