Rani Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16811 of 2021 Arising Out of PS. Case No.-144 Year-2020 Thana- TELHARA District- Nalanda ====================================================== RANI DEVI, Wife of Navlesh Kumar, Resident of Village - Telhara Tola, P.S. - Telhara, District - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Tej Narayan Singh, Adv.
For the Opposite Party/s :
Mr.Anand Kishore Chaudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 302/201/34 of the Indian Penal Code.
Prosecution case, in brief, is that the informant lodged an information before the Telhara Police Station that a telephonic call had come at about 10.00 p.m. on 09.09.2020 and his son then he went out from the house, but he did not come back at night. Next morning, all family members had been
Patna High Court CR. MISC. No.16811 of 2021(2) dt.27-07-2021 2/3 searching him at different places, but he could not tress out. On 11.09.2020, a dead body keeping in a plastic bag has been throwing in bush beside the road. The informant and his other family member came and identified his son.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that from perusal of the FIR suspicion has been created by the informant to commit the offence by coaccused, namely, Ram Swaroop Mahto, Navlesh Kumar including the petitioner and 2-3 other persons. There is no specific overt act agaisnt the petitioner and there is no eye witness in the present case. The petitioner is languishing in judicial custody since 19.09.2020. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail petition. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner.
Learned APP for the State vehemently opposed the prayer for bail of the petitioner.
Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five
Patna High Court CR. MISC. No.16811 of 2021(2) dt.27-07-2021 3/3 thousand) with two sureties of the like amount each in connection with Telhara P.S. Case No. 144/2020 to the satisfaction of learned Court below where the case is pending/ successor Court.
(Anjani Kumar Sharan, J) amitkumar/- U T