Nishu Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5452 of 2023 Arising Out of PS. Case No.-568 Year-2021 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Nishu Devi Wife Of Dular Mahto Resident Of Village- Bhikhanpur, Gumti No.-12, Bhatta Road, P.S.- Ishakchak, District- Bhagalpur ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjan Kumar Jha For the Opposite Party/s :
Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-04-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 395, 412, 414, 120(B) of the Indian Penal Code.
As per prosecution case, a dacoity was committed in the house of the informant and a number of articles of gold and silver and case of Rs. 1,50,000/- (One lakh fifty thousand rupees) were looted. It is submitted by learned counsel for the
Patna High Court CR. MISC. No.5452 of 2023(2) dt.07-04-2023 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor he has been put on T.I.P. The name of petitioner sprang up in this case merely on the basis of suspicion and in light that this petitioner was earlier working as maid servant at the house of informant and due to this reason she has been falsely implicated in the present case. Neither the petitioner was apprehended on spot nor anything incriminating has been recovered from her conscious possession. Moreover, the petitioner is languishing in judicial custody since 30.08.2021. Similarly situated coaccused person has been granted bail vide order dated 23.08.2022, passed in Cr. Misc. No. 26517 of 2022 by the co-ordinate Bench of this Court.
Learned APP appearing for the State has vehemently opposed the prayer for Bail.
Having heard learned counsel for the parties and taking into consideration the facts and
Patna High Court CR. MISC. No.5452 of 2023(2) dt.07-04-2023 3/3 circumstances of the case, petitioner is a lady and period under custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Sessions Trial No. 604 of 2022, arising out of Kotwali (Tilkamanjhi) P.S. Case No. 568 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge XIII, Bhagalpur. (Sunil Kumar Panwar, J) nirajkrs/- U T