Patna High Court - Orders
Sunaina Devi vs The State Of Bihar on 1 September, 2023
Author: Sunil Kumar Panwar
Bench: Sunil Kumar Panwar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39405 of 2023
Arising Out of PS. Case No.-50 Year-2022 Thana- MAIGRA District- Gaya
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Sunaina Devi Wife Of Suryadeo Bhuiyan Resident Of Village - Pachmah, P.S.
- Maigra, District - Gaya
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Md. Javed Jafar Khan
For the Opposite Party/s : Mr.Choubey Jawahar
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CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR
ORAL ORDER
3 01-09-2023Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State.
The petitioner is languishing in custody in a case registered for the offences punishable under Sections 147, 148, 149, 447, 448, 436, 427, 341, 342, 379, 382, 307, 302, 120(B) of the Indian Penal Code and Section 3/ 4 of the Prevention of Witch Act.
The prosecution case as per F.I.R is that earlier son of the co-accused Chandradeo Bhuiyan died due to illness but the family members of Chandradeo Bhuiya along with other F.I.R named accused persons including the petitioner and 200 unknown persons held a Patna High Court CR. MISC. No.39405 of 2023(3) dt.01-09-2023 2/3 panchayati and blamed that due to black magic by the wife of the informant, the victim died and thereafter they forcefully entered into the house of the informant, looted the household articles, jewellaries and set the body of the informant's wife on fire, as a result of which, she died.
It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The petitioner had not participated in the panchayati and he has no concern with the deceased or other accused persons who were participated in the said panchayati. There is a delay of one day in lodging the F.I.R. The petitioner is only alleged to be the member of the mob. The petitioner is languishing in custody since 06.11.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Moreover, other similarly situated co-accused persons have been granted bail by a Patna High Court CR. MISC. No.39405 of 2023(3) dt.01-09-2023 3/3 coordinate Bench of this Court vide order dated 12.06.2023 passed in Cr. Misc. No. 18556 of 2023.
In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.
Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, SC/ST Act, Gaya in connection with Maigra P.S. Case No. 50 of 2022.
(Sunil Kumar Panwar, J) Shageer/-
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