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Patna High CourtCR. MISC./11057/2022bail granted

Shashi Kala @ Shashi Kala Devi v. The State Of Bihar

2022-11-29Mr. Justice Chandra Shekhar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11057 of 2022 Arising Out of PS. Case No.-117 Year-2021 Thana- TISIAUTA District- Vaishali ====================================================== Shashi Kala @ Shashi Kala Devi W/o Late Shankar Rai Resident of Village - Jasparha, P.s.- Tisiauta, Distt.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Mishra, Advocate For the Opposite Party/s :

Ms. Veena Rani Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Tisiauta P.S. Case No. 117 of 2021 registered for the offence under Sections 302 and 120(B) of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 16.09.2021.

The allegation against the petitioner is to commit murder of her husband, alongwith other co-accused persons/family members due to family property disputes. Learned counsel appearing on behalf of the petitioner submitted that petitioner has been falsely implicated in this case

Patna High Court CR. MISC. No.11057 of 2022(3) dt.29-11-2022 2/2 only for the reason that she is the step-mother of the informant and mother of the main co-accused, namely, Shivam Singh. It is also submitted that petitioner is a government teacher having no criminal antecedents. While concluding the argument, it has been submitted that petitioner is a lady of clean antecedent and moreover, investigation has been completed, for which, chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above and by taking note of accusation, where petitioner is a lady of clean antecedent coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Tisiauta P.S. Case No. 117 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Hajipu (Vaishali)/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T