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Patna High CourtCR. MISC./5774/2023allowed

Geeta Devi @ Reeta Devi v. The State Of Bihar

2023-04-10Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5774 of 2023 Arising Out of PS. Case No.-789 Year-2021 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Geeta Devi @ Reeta Devi Wife Of Gabbar Manjhi R/V- Arrah, P.S- Hajipur Sadar, Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Sinha For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-04-2023 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 connection with Hajipur Sadar P.S. Case No. 789 of 2021 registered under sections 302, 201 and 34 of the Indian Penal Code.

As per prosecution case, three months ago, one Gabbar Manjhi married with the daughter of the informant by kidnapping her. Further the informant alleged that on the basis of information, he got to know that his daughter was killed by the accused persons including this petitioner. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. She has

Patna High Court CR. MISC. No.5774 of 2023(2) dt.10-04-2023 2/3 falsely been implicated in this case merely on suspicion. It is further submitted that the specific allegation to kidnap and marry with the deceased is against co-accused Gabbar Manjhi not against this petitioner. It is also submitted from para-10 of this petition that the petitioner was living at Ludhiana separately from her husband for earning livelihood and maintaining her children and she has no concern with this alleged occurrence. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Neither any eye witness nor any consistent material came against her. Moreover, she is languishing in judicial custody since 30.08.2022. Similarly situated other co-accused person has already been granted bail by the different co-ordinate Bench of this Court vide order dated 14.09.2022 in Cr. Misc. No. 27412 of 2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Hajipur Sadar P.S. Case No. 789 of 2021 on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.5774 of 2023(2) dt.10-04-2023 3/3 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur.

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