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Patna High CourtCR. MISC./5062/2023allowed

Rekha Devi v. The State Of Bihar

2023-04-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5062 of 2023 Arising Out of PS. Case No.-505 Year-2022 Thana- SARAIYA District- Muzaffarpur ====================================================== REKHA DEVI W/O LALAN SINGH Resident of Village- Repura Rampur Vishwanath, P.S.- Saraiya, O.P. Jaimtpur, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 120(B)/34 of the Indian Penal Code.

As per prosecution case, the informant alleged that her mother went to Jatipur market for purchasing vegetables but she did not return. Thereafter, the informant came to know that her mother was committed murder by unknown persons. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in FIR rather she has falsely been implicated in this case on the basis of suspicion. The name of the petitioner has come into light on the basis of confession

Patna High Court CR. MISC. No.5062 of 2023(2) dt.06-04-2023 2/2 made by co-accused namely, Sanjeet Paswan who is already getting the privilege of bail granted by a co-ordinate Bench of this Court vide order 24.2.2023 passed in Cr. Misc. 67217 of 2022. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is a lady and languishing in judicial custody since 28.7.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Saraiya P.S. Case No. 505 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IVth (West), Muzaffarpur. (Sunil Kumar Panwar, J) Amandeep/- U T