Reema Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72219 of 2022 Arising Out of PS. Case No.-217 Year-2022 Thana- DURAULI District- Siwan ====================================================== Reema Devi W/O Chandrama Sah R/O Village- Donkhurd, P.S- Darauli, District- Siwan ... ... Petitioner/S

Versus

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

For the Petitioner/s :

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

Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-03-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Darauli P.S. Case No. 217 of 2022 registered for the offence under Sections 147, 341, 447,323, 325, 307, 504, 506 and 302/34 of the Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 02.08.2022.

The allegation against the petitioner is to commit the murder of son of informant alongwith other co-accused persons by making an assault with knife, lathi, rod etc., due to longstanding land dispute arises out of partition of ancestral

Patna High Court CR. MISC. No.72219 of 2022(2) dt.20-03-2023 2/3 property.

Learned counsel appearing on behalf of the petitioner submitted that the petitioner was falsely implicated in this case, being one of the co-sharers/beneficiaries of the alleged disputed property. It is further submitted that allegation of fatal assault by means of knife is specifically available against co-accused, namely, Rohit Sah. While concluding the argument, it has been submitted that allegation as regard to assault appearing very much general and omnibus against this petitioner, who is a lady of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP duly assisted by learned counsel for the informant, while opposing the prayer of bail submitted that petitioner actively participated in present occurrence. Considering the facts and circumstances as mentioned above, and by taking note of the nature of assault as caused by this petitioner, which is appearing very much general and omnibus, coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Darauli P.S. Case No. 217 of 2022 on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.72219 of 2022(2) dt.20-03-2023 3/3 Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Siwan/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) Archana/- U T