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Patna High CourtCR. MISC./76891/2023allowed

Rubi Devi v. The State Of Bihar

2023-12-05Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76891 of 2023 Arising Out of PS. Case No.-109 Year-2022 Thana- RAMNAGAR District- West Champaran ====================================================== Rubi Devi Wife Of Mukesh Bhagat R/O Village- Sabuni, Ramnagar, P.O. And P.S.- Ramnagar, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-12-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 341, 323, 504, 506, 354, 420, 406, 34 of the Indian Penal Code.

It is alleged in the F.I.R that when the informant went in the house of the petitioner to demand her money back which she has given to the petitioner, she was surrounded by all the F.I.R named accused persons and assaulted and when family members of the informant came to her rescue, they were also assaulted

Patna High Court CR. MISC. No.76891 of 2023(2) dt.05-12-2023 2/3 by the accused persons.

It is submitted by learned counsel for the petitioner that petitioner is innocent and she has falsely been implicated in this case. The dispute relates to the civil in nature for which criminal prosecution has been made against the petitioner. The petitioner's side has already paid the principal amount to the informant's side. The petitioner is languishing in custody since 09.06.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody and the fact that petitioner is a lady, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate,

Patna High Court CR. MISC. No.76891 of 2023(2) dt.05-12-2023 3/3 Bagaha, West Champaran in connection with Ramnagar P.S. Case No. 109 of 2022.

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