Kamini Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9280 of 2023 Arising Out of PS. Case No.-392 Year-2021 Thana- KHAGARIA District- Khagaria ====================================================== Kamini Devi W/O Hare Ram Paswan Resident Of Village- Bela Simir, P.S.- Gangaur, District- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hare Krishna Prasad For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-07-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302, 201, 34 of the Indian Penal Code. It is a case of commission of murder of the husband of the informant by all the F.I.R named accused persons including the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and she has falsely been implicated in this case. The informant is not the eye witness to the occurrence and only on the basis of

Patna High Court CR. MISC. No.9280 of 2023(3) dt.24-07-2023 2/3 suspicion, since informant alleges that petitioner was having affairs with her husband, the present accusation has been levelled against the petitioner. During investigation also, no consistent material evidence has come against the petitioner to connect the petitioner with the present case. The petitioner is languishing in custody since 08.09.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that petitioner was illicit relationship with the husband of the informant and when he denied to continue his relationship, the petitioner has been killed.

Considering the fact that petitioner is a lady and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the

Patna High Court CR. MISC. No.9280 of 2023(3) dt.24-07-2023 3/3 like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Khagaria (Gangaaur) P.S. Case No. 392 of 2021.

(Sunil Kumar Panwar, J) Shageer/- U T