Patna High CourtCR. MISC./75505/2023bail granted

Sobha Devi v. The State Of Bihar

2023-11-29Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75505 of 2023 Arising Out of PS. Case No.-33 Year-2023 Thana- SAHJAHANPUR District- Patna ====================================================== Sobha Devi Wife Of Dinesh Yadav @ Dinesh Kumar Yadav R/O VillageSingrawan, P.S.- Sahjahanpur, District- Patna. ... ... Petitioner/S

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Tej Narayan Singh, Advocate For the Opposite Party/s :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 29-11-2023 Heard Mr. Tej Narayan Singh, learned counsel appearing on behalf of the petitioner and Mr. Md. Fahimuddin, learned APP appearing on behalf of the State.

2. The petitioner seeks anticipatory bail in connection with Sahjahanpur P.S. Case No.33 of 2023 registered under Sections 341, 323, 307, 504/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the allegation made in the FIR, the petitioner along with two accused persons assaulted the informant's son with a common intention to kill.

4. Learned counsel appearing on behalf of the petitioner submits that there is no specific allegation against the petitioner. A general and omnibus allegation has been made against the petitioner. There is case and a counter case filed by

Patna High Court CR. MISC. No.75505 of 2023(2) dt.29-11-2023 2/2 the parties. The injuries sustained by the informant's son are simple in nature.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the rival submission of the parties, as well as, the nature of injuries and the allegation against the petitioner being general and omnibus in nature, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released provisionally on pre-arrest bail, in the event of her arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned J.M- Ist Class, Patna City in connection with Sahjahanpur P.S. Case No.33 of 2023, on such terms and conditions as the court below deems it fit and proper. (Purnendu Singh, J.) Ashishsingh/- U T