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Patna High CourtCR. MISC./7906/2024allowed

Urmila Devi v. The State Of Bihar

2024-02-20Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7906 of 2024 Arising Out of PS. Case No.-664 Year-2021 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

Urmila Devi Wife Of Kailash Ram R/O-Badheya, P.S.-Sugauli, Distt.-East Champaran 2.

Ritu Kumari D/O-Kailash Ram R/O-Badheya, P.S.-Sugauli, Distt.-East Champaran 3.

Sikandar Ram @ Shikendra Ram Son Of Chandrika Ram R/O-Badheya, P.S.-Sugauli, Distt.-East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-02-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 302, 120B, 34 of the Indian Penal Code.

3. As per FIR, the informant alleged that the petitioners in connivance with others due to love affairs committed murder of his brother and hanged his dead body on a Shisham tree.

Patna High Court CR. MISC. No.7906 of 2024(2) dt.20-02-2024 2/3

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this present case merely on the basis suspicion and previous dispute. There is no eyewitness of the alleged occurrence and no specific allegation of commission of murder levelled against the petitioners. During investigation, nothing consistent material has been collected against the petitioners. The co-accused persons, namely, Dhiram Ram and Seemi Devi have been acquitted from the charges by the 20th Additional Sessions Judge, East Champaran, Motihari vide judgment dated 13.02.2023 and 17.05.2023 respectively. It is further submitted that the petitioners have got no criminal antecedent. Moreover, they are languishing in judicial custody since 06.12.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Turkauliya P.S. Case

Patna High Court CR. MISC. No.7906 of 2024(2) dt.20-02-2024 3/3 No. 664 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran.

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