Sanju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73374 of 2022 Arising Out of PS. Case No.-118 Year-2013 Thana- HARNAUT District- Nalanda ====================================================== Sanju Devi, W/O Prahlad Paswan R/O village- Basniawan, P.S- Harnaut (Gokhulpur), District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has renewed his prayer for grant of regular bail in a case registered under sections 307, 324 and 326 of the Indian Penal Code.

The earlier application for bail of the petitioner was rejected vide order dated 5.8.2021 (Annexure-1) passed in Cr. Misc. no. 12543 of 2021.

As per allegation in the F.I.R, the petitioner is said to have poured petrol on the body of the son of the informant and having burnt him.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in this case. He is in custody since 9.10.2020 and has no criminal antecedent. Further referring to the deposition of the prosecution witnesses

Patna High Court CR. MISC. No.73374 of 2022(3) dt.22-02-2023 2/2 especially PW-1, PW-2 and PW-3 who are the family members as also the informant in the case, it is submitted that none of the witnesses have supported the prosecution case and they have been declared hostile. The petitioner undertakes to cooperate in the trial.

The application for bail of the petitioner is opposed by learned A.P.P for the State.

Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner, the contents of the deposition of the prosecution witnesses together with the petitioner having remained in custody for more than 2 years since 9.10.2020, the petitioner is directed to be enlarged on bail in connection with Sessions Trial no. 293 of 2020 (arising out of Harnaut P.S. Case no. 118 of 2013) on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II, Nalanda at Bihar Sharif.

(Partha Sarthy, J) Ranjeet/- U T