Patna High CourtCR. MISC./5167/2019allowed

Pramila Devi @ Urmila Devi v. The State Of Bihar

2019-01-30Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5167 of 2019 Arising Out of PS. Case No.-140 Year-2018 Thana- BAUNSI District- Banka ====================================================== PRAMILA DEVI @ URMILA DEVI Wife of Late Subodh Rai Resident of Village-Aamgachhi, P.S.- Bounsi, District- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nirbhay Kumar Singh For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 30-01-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

This is an application for grant of regular bail filed on behalf of the petitioner. Petitioner is in custody in connection with Bounsi PS Case No. 140 of 2018 for the alleged offence punishable under Sections 302/328/34 of the Indian Penal Code. Learned counsel representing the petitioner referring to the prosecution case would submit that petitioner is the wife of the deceased and the informant has suspected involvement of the petitioner in elimination of the victim. The prosecution story of assaulting the deceased and administering poison at sasural and thereafter throwing the dead body in front of the house of the informant is artificial one and does not inspire any confidence. Learned counsel for the petitioner submits that petitioner is in

Patna High Court Cr.Misc. No.5167 of 2019(26) dt.30-01-2019 2/2 custody since 11.09.2018.

Considering the fact that petitioner is the wife of the deceased, has no criminal antecedent and she has remained in custody since 11.09.2018 and also the fact that there is no eyewitness to the incident of alleged assault, the Court is inclined to grant bail to the petitioner. Accordingly, let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka in connection with Bounsi PS Case No. 140 of 2018.

(Anil Kumar Upadhyay, J) mrl./- U T