Shilpi Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12202 of 2023 Arising Out of PS. Case No.-704 Year-2022 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== SHILPI KUMARI S/o Late Nagendra Paswan R/o Village- Bada Bariyarpur, P.S.- Chhatauni, Distt- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Karandeep Kumar For the State :

Mr.Yogendra Kumar Singh For the Informant/s :

Mr. Manindra Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-07-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 34, 120B of the Indian Penal Code.

As per FIR, the allegation against the petitioner along with co-accused persons is that they committed murder of the informant's brother by stabbing.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. She has falsely been implicated in this case merely on the basis of her self confessional statement before the police which has got no evidentiary value in the eye of law. There is no specific allegation of stabbing is attributed against the petitioner rather

Patna High Court CR. MISC. No.12202 of 2023(3) dt.11-07-2023 2/2 general and omnibus allegation leveled against her. There is no eye witness of the alleged occurrence and so far recovery of the alleged mobile is concerned, the same is planted one. Moreover, similarly situated co-accused namely, Anil @Anil Kumar has already been granted bail by this Court vide order dt. 11.5.2023 passed in Cr. Misc. No. 11560 of 2023. It is further submitted that the petitioner, being a lady, has got no criminal antecedent and languishing in judicial custody since 4.10.2022. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Muffasil P.S. Case No. 704 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran. (Sunil Kumar Panwar, J) Amandeep/- U T