Patna High CourtCR. MISC./9148/2020bail granted

Batorni Devi v. The State Of Bihar

2020-03-05Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9148 of 2020 Arising Out of PS. Case No.-162 Year-2019 Thana- DALSINGHSARAI District- Samastipur ====================================================== BATORNI DEVI, Female, aged about 35 years, Wife of Anarjeet Pandit, Resident of Village - Par Pandav Asthan Ward No. 6, P.S.- Dalsinghsarai, Distt - Samastipur.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ranjan Kumar Jha, Advocate.

For the Opposite Party :

Mr.Dr. Kumar Uday Pratap,A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-03-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 302/34 of the IPC.

The prosecution story, in brief, is that the petitioner and others pressed the neck of the deceased as a result of which, he died.

It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 04.10.2019. The petitioner has got no criminal antecedent. She has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. As per the F.I.R., it is

Patna High Court CR. MISC. No.9148 of 2020(2) dt.05-03-2020 2/2 alleged that the neck of the deceased was pressed by the petitioner and other accused persons which led to death of the deceased. As per the postmortem report, there is no external injury found on the entire body of the deceased. There is no such strangulation mark on the neck of the deceased. The postmortem report does not support the allegation made in the F.I.R.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, 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 the learned Additional Sessions Judge, Dalsingsarai, Samastipur, in connection with Dalsingsarai P.S. Case No. 162 of 2019, corresponding to S.T. No. 596 of 2019.

(Sudhir Singh, J) U.K./- U T