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Patna High CourtCR. MISC./84804/2023allowed

Sanju Devi v. The State Of Bihar

2024-01-23Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84804 of 2023 Arising Out of PS. Case No.-35 Year-2023 Thana- BARHARA KOTHI District- Purnia ====================================================== Sanju Devi, Wife Of Manoj Mandal, Resident Of Village - Thadi, Police Station - B. Kothi, District - Purnia ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bidhu Ranjan, Advocate Ms. Chhaya Ray, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 23-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Barhara P.S. Case No. 35 of 2023 for the offence registered under Sections 147, 148, 149, 341, 323, 324, 325, 307, 302, 504 of the I.P.C.

3. Allegation against the petitioner along with other co-accused persons is of assaulting the informant and his family members due to which they sustained injury and daughter of the informant succumbed to injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case due to land dispute between the parties. There is no

Patna High Court CR. MISC. No.84804 of 2023(2) dt.23-01-2024 2/2 specific allegation of assaulting against the petitioner. He has further submitted that the victim sustained only one head injury which is not specifically attributed against this petitioner. Similarly situated co-accused persons have already been granted bail by coordinate Benches of this Court vide order dated 27.07.2023, 17.10.2023 and 10.11.2023 passed in Cr. Misc. No. 45160 of 2023, Cr. Misc. No. 67286 of 2023 and 66441 of 2023 respectively. Petitioner is a lady and is in jail custody since 29.08.2023 having no criminal antecedent.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions on behalf of the parties and the facts and circumstances of the case, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned court below in Barhara P.S. Case No. 35 of 2023. (Sunil Dutta Mishra, J) khushbu/- U T