Sushila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79198 of 2023 Arising Out of PS. Case No.-314 Year-2023 Thana- PAKARIBARAW District- Nawada ====================================================== Sushila Devi Wife Of Bipin Thakur Village Dhamaul, Ps Pakribarawan Dhamaul, District Nawada ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

Prosecution case in nutshell is that while the husband of informant was sleeping on the roof the of his house, petitioner along with her husband ie. co-accused person cut the nerve of his right hand with knife and also stabbed him due to which he succumbed to injuries. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.79198 of 2023(3) dt.22-01-2024 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Only allegation against the petitioner is that he assisted her husband in the alleged offence. It is further submitted that there is no specific overt act of allegation levelled against the petitioner rather the specific allegation is attributed against co-accused Bipin Thakur. Moreover, the petitioner is languishing in judicial custody since 09.07.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Pakribarawan (Dhamaul) P.S. Case No. 314 of 2023 on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.79198 of 2023(3) dt.22-01-2024 3/3 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Nawada.

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