Kiran Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4702 of 2025 Arising Out of PS. Case No.-641 Year-2024 Thana- SIKARPUR District- West Champaran ====================================================== Kiran Devi Wife of Vikky Paswan Resident of Pipra Diuliya, PS- Sikarpur, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md Fazle Karim, Advocate For the Opposite Party/s :

Mr. Zainul Abedin, APP For the Informant :

Mr. Shahbaj Alam, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-04-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Shikarpur P.S. Case No. 641 of 2024 instituted for the offences under Sections 137(2) of the BNS and later on Sections 103, 238 and 3(5) of the BNS were added.

3. Prosecution case, in short, is that, on 11.09.2024 at about 12 PM, the daughter of the informant had gone to grocery shop to buy something but she did not return.

4. Learned counsel for the petitioner submitted that the petitioner is an innocent lady and has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name

Patna High Court CR. MISC. No.4702 of 2025(3) dt.28-04-2025 2/3 of the petitioner transpired in this case on the basis of confessional statement of the co-accused. Learned counsel further submitted that as per paragraph no. 61 of the case diary, co-accused Asraf Sheikh in his confessional statement has confessed his guilt and has also disclosed that manner in which he along with one other co-accused committed the murder of the deceased. Learned counsel further submitted that on perusal of the said paragraph of the case diary, it is evident that there is no mention that this petitioner was also involved in the commission of crime and, as a matter of fact, this petitioner was not present at the place of occurrence at the time of commission of the offence.

He further submitted that the dead body of the deceased was recovered from the fields of one Sheikh Armaan. Learned counsel further submitted that there is nothing on record to prove the involvement of the petitioner in the commission of murder of the deceased. It has been submitted on behalf of the petitioner that the petitioner is in custody since 21.09.2024 and has no criminal antecedent.

5. Learned A.P.P. for the State and learned counsel for the informant vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances

Patna High Court CR. MISC. No.4702 of 2025(3) dt.28-04-2025 3/3 of the case, there being no cogent material against the petitioner to prove her involvement in the commission of alleged offence as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection withShikarpur P.S. Case No. 641 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T