Sanju Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85998 of 2023 Arising Out of PS. Case No.-170 Year-2023 Thana- HAYAGHAT District- Darbhanga ====================================================== 1.

Sanju Kumari Daughter Of Manoj Ram Resident Of Village - Ghusrama, P.S. - Hayaghat, District - Darbhanga 2.

Sheela Devi Wife Of Manoj Ram Resident Of Village - Ghusrama, P.S. - Hayaghat, District - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Girish Chandra Jha, Advocate For the Opposite Party/s :

Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 18-01-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with Hayaghat P.S. Case No. 170 of 2023 dated 03.11.2023, instituted for the offence punishable under Sections 302/34 of the Indian Penal Code.

3. The prosecution case, in short, is that on 03.11.2023 at 05:00 am, petitioners along with other co-accused persons entered into the house of the informant and dragged her husband to their Darwaja where the accused persons tied her husband namely, Sanjeet Sada with an electric pole and brutally assaulted him and co-accused Manoj Ram assaulted him by jumping on his chest due to which he received grievous injury and died on

Patna High Court CR. MISC. No.85998 of 2023(2) dt.18-01-2024 2/2 the way to hospital.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that specific allegation of assault is against one co-accused namely, Manoj Ram. Learned counsel further submitted that the allegation against the petitioners are general and omnibus in nature. Lastly, it has been submitted that the petitioners have no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Hayaghat P.S. Case No. 170 of 2023, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 8, Darbhanga, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) Sankalp/- U T