Smt. Chinta Devi @ Chinta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13788 of 2024 Arising Out of PS. Case No.-572 Year-2023 Thana- BIDUPUR District- Vaishali ====================================================== Smt. Chinta Devi @ Chinta Devi W/o Ram Naresh Ray R/o Kutubpur, Chakmahmad, P.S.- Bidupur, Dist.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Mritunjay Kumar, Advocate For the State :

Mr. Anil Prasad Singh, APP For the Informant :

Mr. Mrityunjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-03-2024 Heard learned counsel for the petitioner and learned APP for the State as well as learned counsel for the informant. 2.

The petitioner seeks bail in connection with Bidupur P.S. Case No. 572 of 2023 instituted for the offence under Sections 302, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

3.

Prosecution case in short is that son of the informant was shot dead by two miscreants, while he was returning from the factory.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 01-10-2023. Petitioner is having clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present

Patna High Court CR. MISC. No.13788 of 2024(2) dt.06-03-2024 2/2 case. Petitioner is the mother-in-law of the deceased. It is submitted that from perusal of the FIR, it appears that there is no specific allegation against the petitioner. There is general and omnibus allegation against the petitioner. Petitioner has been implicated in this case only on suspicion. Charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State and learned counsel for the informant have 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, fact that there is no direct allegation against the petitioner 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 Bidupur P.S. Case No. 572 of 2023 .

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