Prabhawati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72466 of 2022 Arising Out of PS. Case No.-172 Year-2022 Thana- KARAKAT District- Rohtas ====================================================== PRABHAWATI DEVI W/O DINESH SINGH @ DINESH PRASAD SINGH Resident of village- Itadhiya P.S.- Karakat, District- Rohtas. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajani Kant Singh For the Opposite Party/s :
Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-06-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for bail in a case registered for the offence punishable under sections 147, 148, 149, 341, 323, 504, 506 and 302 of the Indian Penal Code. As per allegation in the FIR, six accused persons including the petitioner, entered into the house of the informant armed with lathi and danda and started to assault them as a result of which informant's mother received severe injury and on way to Banaras hospital after taking first aid, she died. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. There is no specific allegation of any assault or overt act is attributed against the petitioner. Petitioner and the informant are agnates
Patna High Court CR. MISC. No.72466 of 2022(3) dt.19-06-2023 2/2 and due to previous land dispute, the alleged occurrence took place. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 1.5.2023 passed in Cr. Misc. No. 3241 of 2023. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 18.09.2022.
The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned ACJM 1st Bikramganj, Rohtas in connection with Karakat P.S. Case No. 172 of 2022.
(Sunil Kumar Panwar, J) sushma/- U