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Patna High CourtCR. MISC./75039/2023bail granted

Sunita Devi v. The State Of Bihar

2023-11-29Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75039 of 2023 Arising Out of PS. Case No.-117 Year-2021 Thana- SAKURABAD District- Jehanabad ====================================================== Sunita Devi Wife Of Umesh Yadav Resident Of Village Bandhubigha, P.S.- Shakurabad, District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar Singh For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and State.

2. The petitioner apprehends her arrest in a case registered for the offence under Sections 341, 323, 324, 308, 379, 504, 34 of the I.P.C. and later on, Sections 307 & 325 of the I.P.C. were added.

3. As per the prosecution case, this petitioner alongwith co-accused Umesh Yadav came at the house of informant and started abusing and assaulting her. It is further alleged that when husband of informant came to save her, he was also assaulted by co-accused Umesh Yadav by means of sword, due to which, informant and her husband sustained injury. This petitioner is alleged to have committed theft of jewellery from the house of informant.

4. It is submitted on behalf of petitioner that there is

Patna High Court CR. MISC. No.75039 of 2023(2) dt.29-11-2023 2/2 general and omnibus allegation of assault levelled against this petitioner. No specific overt act has been alleged against this petitioner. As a matter of fact, both parties are gotiyas and due to family feud, a hot discussion took place between the parties, which resulted into a simple altercation. Petitioner is lady and has got clean antecedent.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Jehanabad in connection with Shakurabad P.S. Case No. 117 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T