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Patna High CourtCR. MISC./85314/2023allowed

Guriya Kumari v. The State Of Bihar

2024-01-30Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85314 of 2023 Arising Out of PS. Case No.-346 Year-2023 Thana- MINAPUR District- Muzaffarpur ====================================================== Guriya Kumari Daughter Of Ayodhya Prasad Resident Of Village- Purainiya, P.S.- Meenapur, District- Muzaffarpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Nachiketa Jha For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-01-2024 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 147, 149, 341, 323, 504, 302 of the Indian Penal Code.

Prosecution case in nutshell is that informant got knowledge that co-accused persons have abducted his daughter ie. petitioner. When informant along with his wife went to the house of co-accused Lakshmi Narayan Prasad, all the accused persons started assaulting him and his wife due to which informant's

Patna High Court CR. MISC. No.85314 of 2023(3) dt.30-01-2024 2/3 wife died. It is further alleged that petitioner was also involved in the alleged offence.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is general and omnibus allegation against the petitioner of assault to the informant and his wife. From perusal of postmortem report of the informant's wife, it appears that no external injury was found and cause of death is reserved. Petitioner is languishing in judicial custody since 15.08.2023. 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, petitioner being a lady as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed

Patna High Court CR. MISC. No.85314 of 2023(3) dt.30-01-2024 3/3 to be enlarged on bail in connection with Minapur (Meenapur) P.S. Case No. 346 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Muzaffarpur (East).

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