Patna High CourtCR. MISC./82325/2023allowed

Renu Devi v. The State Of Bihar

2024-01-09Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82325 of 2023 Arising Out of PS. Case No.-187 Year-2023 Thana- BIRAUL District- Darbhanga ====================================================== Renu Devi Wife of Sri Vihwanath Mandal @ Vishwanath Prasad Mandal, R/o Village- Supaul, P.S.- Biraul, District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Thakur, Sr. Advocate.

Mrs. Vaishnavi Singh, Advocate.

For the Opposite Party/s :

Mr. Jai Narain Thakur, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Biraul P.S. Case No.187 of 2023, registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

3. As per the prosecution case, petitioner alongwith other co-accused persons armed with weapons have attacked on the father of informant with iron rod on his head and tried to cut his neck by Fasuli on 16.04.2023. The father of the informant become unconscious and taken to a private Hospital Supaul, thereafter he was referred to PMCH and during treatment he died on 24.04.2023.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case as there is no specific allegation against the petitioner. He further

Patna High Court CR. MISC. No.82325 of 2023(2) dt.09-01-2024 2/2 submits that the petitioner herself was badly injured by the prosecution side, however, as the matter was between the neighbours, therefore, no case was filed. He also submits that the father of informant was not injured which is evident from the fact that no medical treatment was done till 19.04.2023, the F.I.R. was lodged only on 24.04.2023 after the death of father of the informant and the petitioner alongwith other co-accused persons have been falsely implicated in this case. Learned counsel submits that petitioner is a lady having no criminal antecedent and she is in jail custody since 27.07.2023.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Biraul, Darbhanga in connection with Biraul P.S. Case No.187 of 2023.

(Sunil Dutta Mishra, J) Ritik/- U T