Patna High CourtCR. MISC./14006/2024bail granted

Jyoti Kumari @ Jyoti Devi v. The State Of Bihar

2024-03-07Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14006 of 2024 Arising Out of PS. Case No.-312 Year-2023 Thana- PHULWARISHARIF District- Patna ====================================================== Jyoti Kumari @ Jyoti Devi W/o Ranjeet Kumar @ Ranjit Manjhi R/o vill - Chhitnama, P.S. - Maner, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nawal Singh, Advocate For the Opposite Party/s :

Mr.Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Phulwarisharif P.S. case No. 312 of 2023 instituted for the offences under Sections 302, 201, 120(B) of the Indian Penal Code.

3. Prosecution allegation, in short, is that the accused persons are alleged to have abducted the son of the informant and it is suspected that he might have been killed.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. The petitioner is not named in the F.I.R.. The name of the petitioner has transpired on the basis of confessional statement of co-accused namely Rekha Devi. No specific over act is alleged against the

Patna High Court CR. MISC. No.14006 of 2024(2) dt.07-03-2024 2/2 petitioner. The petitioner is in custody since 20.08.2023 and has no criminal antecedent. Co-accused has been granted bail by a Coordinate Bench of this Court vide order dated 27.09.2023 passed in Cr. Misc. No. 57237 of 2023 (Annexure-2 to this application).

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the period of custody undergone by the petitioner and the fact that co-accused has been granted bail by a Coordinate Bench of this Court, this Court is inclined to grant bail to the petitioner.

7. 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 Phulwarisharif P.S. case No. 312 of 2023.

(Rudra Prakash Mishra, J) Pankaj/- U T