Shanti Devi @ Shanta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83510 of 2023 Arising Out of PS. Case No.-466 Year-2020 Thana- BHORE District- Gopalganj ====================================================== Shanti Devi @ Shanta Devi W/O Ramji Mahto R/O Village- Kalyanpur, P.SBhore, Distt.- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh, Advocate For the Opposite Party/s :

Ms.Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Bhore P.S. Case No. 466/2020 lodged on 31.12.2020 under Sections 302/34 of the Indian Penal Code.

3. As per the prosecution case, the FIR has been lodged against two named accused persons, including the present petitioner alleging therein that both the accused persons have assaulted the mother of the informant, as a result of which, she got injured and, subsequently, during the course of treatment, she succumbed to her injuries.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is in custody since 13.05.2023 having no criminal antecedent. Learned counsel further submits that both the

Patna High Court CR. MISC. No.83510 of 2023(3) dt.21-03-2024 2/2 informant and the accused persons are residents of the same village and locality. In a petty dispute, the scuffling took place due to which the deceased fell down, and during treatment, she died. In the said occurrence, there was no intention of the petitioner to kill the deceased. He further submits that the petitioner is a lady and is aged about 41 years.

5. Learned counsel for the State opposes the prayer for bail and submits that the allegation is specific against the petitioner.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be released on bail, but only after framing of charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Gopalganj, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.

7. However, the trial Court is directed to conclude the trial at the earliest.

(Dr. Anshuman, J) Ashwini/- U T