Sushila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8082 of 2024 Arising Out of PS. Case No.-365 Year-2023 Thana- FORBESGANJ District- Araria ====================================================== 1.

Sushila Devi W/O Wajinder Ram @ Rajindar Ram Village- Parwaha,Ward No. 08, Ps. Forbesganj, Dist.Araria.

2.

Meena Devi W/O Jhameli Ram @ Birendra Ram Village- Parwaha,Ward No. 08, Ps. Forbesganj, Dist.Araria.

3.

Rambha Devi @ Radha Devi W/O Satya Narayan Ram VillageParwaha,Ward No. 08, Ps. Forbesganj, Dist.Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kishore Bharti For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-02-2024 Heard learned counsel for the petitioners and learned A.P.P appearing on behalf of the State. The petitioners are languishing in custody in a case registered for the offences punishable under Sections 302, 120(B)/34 of the Indian Penal Code. It is a case of commission of murder of the sister of the informant by all the F.I.R named accused persons including the petitioners.

It is submitted by learned counsel for the petitioners that petitioners are innocent and they have

Patna High Court CR. MISC. No.8082 of 2024(2) dt.17-02-2024 2/3 falsely been implicated in this case. The informant is not the eye witness to the occurrence. For the alleged occurrence of 24.04.2023, the F.I.R was registered on 27.04.2023 without explaining the delay. There is general and omnibus allegation against all the F.I.R named accused persons including the petitioners. The postmortem report also does not corroborate the case of the prosecution. The petitioners are ladies and languishing in custody since 01.09.2023 and 28.08.2023 respectively. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioners.

Considering the fact that there is no specific allegation against the petitioners, the petitioners being ladies and the period under custody, let the petitioners, above named, be released on bail on furnishing bail

Patna High Court CR. MISC. No.8082 of 2024(2) dt.17-02-2024 3/3 bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Araria in connection with Forbesganj P.S. Case No. 365 of 2023. (Sunil Kumar Panwar, J) Shageer/- U T