Pooja Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9129 of 2025 Arising Out of PS. Case No.-119 Year-2024 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Pooja Devi Wife of Aabit Paswan @ Aditya Paswan @ Bhojana @ Abid Paswan Resident of Village- Chak Husain Pokharaira, P.s.- Samastipur (M), Distt.- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar, Adv.

For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 15-05-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner seeks bail in connection with Samastipur Muffasil P.S. Case No. 119 of 2024 dated 19.03.2024 registered for the offence punishable under Section 302/34 of the Indian Penal Code.

3. The prosecution case, in short, is that all the named accused persons along with unknown accused persons have committed murder of the informant's son.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that neither the informant nor any other person is an eye witness to the occurrence. Only on the basis of suspicion, the petitioner has been made accused in this case. It is submitted that co-accused Aabit Paswan is the husband of the

Patna High Court CR. MISC. No.9129 of 2025(4) dt.15-05-2025 2/2 petitioner. It has come during investigation that no independent witness has supported the allegation that the petitioner has participated in the alleged occurrence. It is further submitted that similarly situated co-accused, namely, Sarmila Devi has been granted anticipatory bail vide order dated 22.01.2025 passed in Criminal Miscellaneous No. 56322 of 2024 by a coordinate Bench of this Court. Lastly, it has been submitted that the petitioner is in custody since 21.10.2024, having no criminal antecedent and charge-sheet has been submitted in the case.

5. Learned A.P.P for the State opposes the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-Vth, Samastipur in connection with Samastipur Muffasil P.S. Case No. 119 of 2024.

(Khatim Reza, J) prabhat/- U T