Patna High CourtCR. MISC./71070/2019bail granted

Sarita Devi v. The State Of Bihar

2019-12-04Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71070 of 2019 Arising Out of PS. Case No.-72 Year-2018 Thana- BAKHARI District- Begusarai ====================================================== Sarita Devi, Wife of Ram Jatan Sahni @ Ghogha, Resident of Parihara, P.S.- Bakhri (Parihar), District- Begusarai ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Manoj Kumar, Advocate For the Opposite Party :

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Bakhri P.S. Case No.72 of 2018 initially inter alia under Section 307 of the Indian Penal Code. However, subsequently, the police submitted charge-sheet under Section 304 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioner that from the perusal of the first information report itself, it would appear that there is omnibus and general allegation of assault against all the five named accused persons. However, the postmortem report would suggest that the victim Maya Devi had sustained only two injuries on her person and both the injuries were abrasion. It is further contended that the

Patna High Court CR. MISC. No.71070 of 2019(2) dt.04-12-2019 2/2 petitioner is a lady having clean antecedent and is in custody since15.06.2019. She has got roots in the society and is not likely to abscond or tamper with the evidence. Learned counsel for the State has opposed the prayer for grant of bail to the petitioner.

Considering the facts and circumstances of the case, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Bakhri P.S. Case No.72 of 2018.

(Ashwani Kumar Singh, J.) Sanjeet/- U T