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Patna High CourtCR. MISC./81733/2023disposed

Bebi Devi @ Bebi Kumari @ Baby Devi @ Baby Kumari v. The State Of Bihar

2024-03-11Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81733 of 2023 Arising Out of PS. Case No.-330 Year-2023 Thana- SULTANGANJ District- Bhagalpur ====================================================== Bebi Devi @ Bebi Kumari @ Baby Devi @ Baby Kumari, W/O Ashish Kumar R/O Vill.- Shyambag, Ward No. 14, Sultanganj, P.S.- Sultanganj, Dist.- Bhagalpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ritesh Kumar Singh For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-03-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of her arrest in a case registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a woman and has been falsely implicated in the present case by the informant with an allegation that she caught Mukesh Kumar from his leg along with Deepak Kumar and accused Ashish Kumar fired causing death of Mukesh.

4. The learned counsel for the petitioner submits that petitioner, being wife of Ashish Kumar, who is alleged to be main assailant, has been falsely implicated in the present case

Patna High Court CR. MISC. No.81733 of 2023(3) dt.11-03-2024 2/2 with an ornamental allegation that she along with Deepak caught Mukesh and Ashish fired. It is further submitted that Ashish is related to the deceased and are agnates and were having dispute relating to property in which the petitioner was also made an scapegoat. It is further submitted that petitioner will not abscond rather will cooperate in the investigation.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on her furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Sultanganj P. S. Case No.330 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T