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Patna High CourtCR. MISC./14638/2024allowed

Tuni Devi v. The State Of Bihar

2024-06-21Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14638 of 2024 Arising Out of PS. Case No.-27 Year-2023 Thana- BARHAT District- Jamui ====================================================== Tuni Devi W/o Sri Suresh Pandit R/o vill - Bhaluka, P.O. - Malaypur, P.S. - Barahat, Distt. - Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prakash Mahto, Adv.

For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-06-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 302, 420, 120B, 406 of the Indian Penal Code.

3. Allegedly, under conspiracy with other co-accused persons, petitioner is said to have committed murder of the maternal grand daughter of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and she has committed no offence. No such occurrence as alleged ever took place. She has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. It is further submitted that the viscera

Patna High Court CR. MISC. No.14638 of 2024(4) dt.21-06-2024 2/2 report as well as the postmortem report of the deceased does not support the prosecution case. The name of the petitioner has been transpired in the present case only with a view to grab the alleged property of the petitioner's husband. She has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, as the viscera report as well as the postmortem report of the deceased does not support the prosecution case, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, 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 Barhat P.S. Case No. 27 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T