Patna High Court - Orders
Rita Devi vs The State Of Bihar on 12 April, 2022
Author: Satyavrat Verma
Bench: Satyavrat Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66184 of 2021
Arising Out of PS. Case No.-74 Year-2020 Thana- SANJHOLI District- Rohtas
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RITA DEVI WIFE OF SHESHNATH PRASAD Resident of Village -
Gangajala Bhawanipur, P.S.- Sanjhauli, Distt.- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Binod Kumar Singh, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, A.P.P.
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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-04-2022Heard learned counsel for the petitioner and learned A.P.P. for the State.
Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court.
The petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 504, 506, 307 and 302/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is in custody since 18.05.2021, is a person with clean antecedent, charge-sheet has been submitted and is a woman.
Allegation in the FIR is that the petitioner and others assaulted the wife of the informant with bricks and lathi as a result whereof she died. The Doctor has found a faint bruise over left side of lower end of the chest.
Learned counsel for the petitioner submits that from Patna High Court CR. MISC. No.66184 of 2021(2) dt.12-04-2022 2/2 perusal of the allegation as alleged in the FIR, it would manifest that no specific overt act has been alleged against the accused nor from the allegation in the FIR, it is clear who had caused the said injury, what was the cause of death of the wife of the informant. Learned counsel further submits that co-accused Suraj Kumar has been granted bail by a Coordinate Bench of this Court vide order dated 27.08.2021 passed in Cr. Misc. No. 12686 of 2021.
Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.
Considering the fact that the petitioner is in custody since 18.05.2021, is a person with clean antecedent, charge- sheet has been submitted and is a woman and co-accused has been granted bail, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sanjhauli P.S. Case No. 74 of 2020.
(Satyavrat Verma, J) Kundan/-
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