Sulekha Devi @ Rita Devi vs The State Of Bihar on 24 May, 2023

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Patna High Court - Orders

Sulekha Devi @ Rita Devi vs The State Of Bihar on 24 May, 2023

Bench: Chandra Prakash Singh

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26073 of 2023
                     Arising Out of PS. Case No.-596 Year-2022 Thana- GOPALPUR District- Bhagalpur
                 ======================================================
                 SULEKHA DEVI @ RITA DEVI WIFE OF HIRALAL YADAV R/O
                 VILLAGE- SAHORA, P.S.- RANGRA, DISTRICT- BHAGALPUR

                                                                                  ... ... Petitioner/s
                                                       Versus
                 THE STATE OF BIHAR

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rohit Kumar Sharma
                 For the Opposite Party/s :       Mr. Ramchandra Sahni
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH
                 SINGH
                                       ORAL ORDER

2   24-05-2023

Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Gopalpur (Rangra) P.S. Case No. 596 of 2022 dated 23.11.2022 registered for the offences punishable u/s 147, 148, 149, 323, 302 and 504 of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, the petitioner and the other co-accused persons holding lathi, danda and other weapons assaulted the informant's uncle due to his denial to Patna High Court CR. MISC. No.26073 of 2023(2) dt.24-05-2023 2/3 marry her daughter as bridegroom was changed. Thereafter, on the exhortation of the co-accused Hiralal Yadav, the co-accused Mukesh Yadav fired on the informant's brother which hit his back and on the exhortation of the Sonelal Yadav, the co- accused Hiralal Yadav fired on the informant's brother which hit on his chest. Thereafter, the informant's brother was taken to hospital for treatment where he was declared dead.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Learned counsel has further submitted that the allegation of firing on the informant's brother is against the co- accused Mukesh Yadav and Hiralal Yadav. The petitioner is a lady. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 28.11.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody and the petitioner being a lady, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the Patna High Court CR. MISC. No.26073 of 2023(2) dt.24-05-2023 3/3 satisfaction of learned Court concerned, Naugachia (Bhagalpur) in connection with Gopalpur (Rangra) P.S. Case No. 596 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) guddukr/-

U      T

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Patna High Court - Orders