The Patna High Court granted interim bail to the petitioner in a criminal case involving offences under the IPC, releasing her on submission of a bail bond with sureties subject to Cr.P.C. Section 438(2) conditions.
Release on bail bond of Rs. 25,000/- with two sureties of like amount each within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9186 of 2023
Arising Out of PS. Case No.-59 Year-2022 Thana- GAYA MUFASIL District- Gaya
======================================================
BEENA DEVI W/O SONU KUMAR Resident of village- Janakpur, P.S.Muffasil, District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Surendra Kumar Mishra, Adv. For the Opposite Party/s : Mrs.Renu Kumari, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
3 20-06-2023
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Petitioner apprehends her arrest in a case registered for the offence punishable u/s 341, 323, 504, 337, 338, 308, 34 IPC.
Allegedly, the F.I.R. named accused persons including the petitioner are said to have assaulted the wife and son of the informant.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. Petitioner has no criminal antecedent.
Learned APP for the State opposed the prayer for bail.
Patna High Court CR. MISC. No.9186 of 2023(3) dt.20-06-2023 2/2
Having regard to the facts and circumstances of the case, since there is no specific allegation against the petitioner, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Muffasil P.S. Case No.59/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J)
pallavi/-
U T
2 issues framed by the court
Whether the petitioner should be granted bail bond given the lack of specific allegations against her.
Whether the petitioner can be released on bail with sureties subject to conditions in Cr.P.C. Section 438(2).
1 provisions across 1 enactments
Beena Devi
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
