Abha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17850 of 2021 Arising Out of PS. Case No.-14 Year-2012 Thana- RUDRAPUR District- Madhubani ====================================================== ABHA DEVI Wife of Manoj Jha Resident of Rakhbari, P.S.- Rudrapur, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratanakar Jha, Advocate.

For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-07-2021 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 within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Sections 302, 201 & 120 B/34 of the Indian Penal Code.

The prosecution case, in brief, is that the husband of the deceased, allegedly, established illicit relation with his Bhabi and the deceased used to make protest of the aforesaid illicit relation.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. She is quite

Patna High Court CR. MISC. No.17850 of 2021(2) dt.07-07-2021 2/2 innocent and has been falsely implicated in this case. No incriminating article has been recovered from her conscious physical possession. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has no criminal antecedent and has been languishing in custody since 13.12.2019.

Vide order dated 29.06.2020, the prayer for bail of the petitioner was rejected by this Court with a liberty to renew his prayer for bail after framing of charge. Now, the charge has been framed against the petitioner by the learned Additions Sessions Judge, Jhanjharpur vide his order dated 07.01.2021. Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Rudrapur P.S. Case No.14 of 2012, corresponding to G.R. No.474 of 2012.

(Anjani Kumar Sharan, J) Trivedi/- U T