Chinta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1184 of 2023 Arising Out of PS. Case No.-510 Year-2022 Thana- DAUDNAGAR District- Aurangabad ====================================================== Chinta Devi Wife Of Umesh Yadav @ Umesh Singh R/O Vill.- Jamuawan, P.S.- Daudnagar, Distt.- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Ranjan Mr. Saket Anand For the Opposite Party/s :

Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 120(B) of the Indian Penal Code and Section 25(1-b) 9/27/35/36 of the Arms Act.

As per prosecution case, informant alleged that while she and her husband was ploughing their field, at that time, petitioner along with co-accused persons came and started assaulting her husband by means of lathi after that co-accused namely, Alok Kumar Dhari shot on the temple of her husband by double barrel gun due to which he succumbed to injury. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.1184 of 2023(2) dt.17-03-2023 2/2 petitioner is innocent and has committed no offence. Both parties belong to same family and there is a land dispute between them and she has falsely been implicated in this case. The specific allegation against co-accused namely, Alok Kumar Dhari, who fired upon the husband upon the informant due to which he died. It is further submitted that general and omnibus allegation leveled against this petitioner. Moreover, the petitioner is languishing in judicial custody since 06.10.2022. Learned APP appearing for the state has vehemently opposed the prayer of regular bail.

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 released on bail in connection with Daudnagar P.S. Case No. 510 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Daudnagar, Aurangabad.

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