Sarita Devi @ Sarita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2490 of 2023 Arising Out of PS. Case No.-80 Year-2022 Thana- GAYA MUFASIL District- Gaya ====================================================== Sarita Devi @ Sarita Kumari W/O Late Nand Kishor Chaudhary D/O Lalmuni Chaudhary R/V- Mansa, P.S.- Muffasil, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-01-2024 Heard 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 328, 302, 34 of the Indian Penal Code. It is a case of commission of murder of the nephew of the informant by all his in-laws family members including the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and she has falsely been implicated in this case. The petitioner is wife of the deceased and there is no any previous complaint against the petitioner. The petitioner was present at the spot. In

Patna High Court CR. MISC. No.2490 of 2023(7) dt.12-01-2024 2/2 fact the petitioner became ill in the night and this information was given to the informant. In the F.S.L report also, no poison could be detected. The petitioner is languishing in custody since 01.08.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

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 Chief Judicial Magistrate, Gaya in connection with Gaya Muffasil P.S. Case No. 80 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T