Sanju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76770 of 2023 Arising Out of PS. Case No.-341 Year-2023 Thana- NOORSARAI District- Nalanda ====================================================== 1.

Sanju Devi Wife Of Mithu Gope Resident Of Village- Atbalchak, Police Station- Tharthari, District- Nalanda.

2.

Sulekha Devi Wife Of Asho Kumar Resident Of Village- Atbalchak, Police Station- Tharthari, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-02-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in connection with Noorsarai P.S. Case No. 341 of 2023 registered for the offence under Sections 302/34 of the I.P.C. and Section 27 of Arms Act.

3. It is a case of commission of murder of the informant's brother Rajiv Kumar. On the order of these petitioners, co-accused Metho and Ashok shot fired upon the informant's brother due to which he succumbed to injury.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. The petitioners are

Patna High Court CR. MISC. No.76770 of 2023(3) dt.27-02-2024 2/2 only said to be order giver. No any specific allegation of firing against them. The direct allegation of firing upon the deceased is against co-accused Methu Gope and Ashok Kumar. It is further submitted that the petitioners are ladies and languishing in judicial custody since 20.7.2023.

5. Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail and submitted that these petitioners are order giver in the alleged occurrence.

6. Having heard learned counsel for the parties and considering the facts that the petitioners are ladies and their custody period, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail after framing of charge, if not framed in connection with Noorsarai P.S. Case No. 341 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Biharsharif.

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