Patna High CourtCR. MISC./85078/2023allowed

Chinta Devi v. The State Of Bihar

2024-01-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85078 of 2023 Arising Out of PS. Case No.-250 Year-2023 Thana- BAKHARI District- Begusarai ====================================================== Chinta Devi W/O Shivan Mahto R/O VILLAGE- IMADPUR, P.S.- BAKHARI, DIST.- BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 341, 323, 302, 120B and 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The allegation against the petitioner along with others is of firing upon the father of the informant leading to his death.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. She has committed no offence. There is general and omnibus allegation against the petitioner rather the specific allegation against co-accused Shivan Mahto, who shot

Patna High Court CR. MISC. No.85078 of 2023(2) dt.15-01-2024 2/2 fired upon the informant's father, due to which he died. There is no specific overt act against the petitioner of firing, only being the wife of co-accused Shivan Mahto, she has been implicated in this case. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. She is languishing in judicial custody since 08.09.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Begusarai in connection with Bakhri P.S. Case No. 250 of 2023.

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