Patna High CourtCR. MISC./71822/2023allowed

Chanchala Kumari v. The State Of Bihar

2023-11-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71822 of 2023 Arising Out of PS. Case No.-218 Year-2023 Thana- KHIJARSARAI District- Gaya ====================================================== Chanchala Kumari Wife Of Jitendra Chaudhary Resident Of Village- Tel Bigha, P.S.- Khizersarai, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== 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 302, 120B and 34 of the Indian Penal Code.

3. Allegation against the petitioner is that she pushed the father of the informant due to which he fell down on earth as a result of which he died and the reason behind this as alleged occurrence is said to be issue related to garbage.

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. It is further submitted that she has no intention to kill the father of the informant as it was just spur of the moment that this occurrence took place. As per

Patna High Court CR. MISC. No.71822 of 2023(2) dt.07-11-2023 2/2 FIR, no any visible injury has been found on the body of the deceased. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 03.06.2023.

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 that petitioner being a lady and her period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Khizesarai P.S. Case No. 218 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-IV, Gaya.

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