Jai Kumari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7247 of 2024 Arising Out of PS. Case No.-101 Year-2022 Thana- KATHAIYA District- Muzaffarpur ====================================================== Jai Kumari Devi W/o Binod Ram R/o VILLAGE - Rampur Bheriyahi, Police Station - Kathaiya, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar S.K., Advocate For the Opposite Party/s :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with S.Tr. No. 527 of 2023 arising out of Kathaiya P.S. Case No. 101 of 2022 instituted for the offence under Sections 302, 201, 120(B) of the Indian Penal Code.

3.

As per prosecution case, petitioner along with other co-accused persons have killed the younger Bhagini of the informant, namely, Ranjana Kumari (deceased). It is further alleged that the accused persons thereafter took the dead body of the deceased and burnt the same at some other place. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 19-12-2022. Petitioner has

Patna High Court CR. MISC. No.7247 of 2024(4) dt.19-04-2024 2/3 no criminal antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is the step-mother of the deceased. It is submitted that there is no eye-witness to the alleged occurrence and there is six days delay in the institution of the FIR without there being any plausible explanation for the same. There is no direct and specific allegation of any over act against the petitioner rather the same is general and omnibus in nature. Charge sheet has already been submitted in this case. Other coaccused have been granted bail by this Court vide order dated 07-03-2024, passed in Cr. Misc. No. 14380 of 2024. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner, claim based on parity and charge sheet being submitted, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with S.Tr. No.

Patna High Court CR. MISC. No.7247 of 2024(4) dt.19-04-2024 3/3 527 of 2023 arising out of Kathaiya P.S. Case No. 101 of 2022.

(Rudra Prakash Mishra, J) Raj Kishore/- U T