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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17164 of 2023 Arising Out of PS. Case No.-79 Year-2022 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== CHANDRA KALA DEVI @ KALA DEVI WIFE OF PRABHU MAHTO R/O VILLAGE- SAMSHA, WARD NO.12, P.S.- NAW KOTHI, DISTRICTBEGUSARAI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anurag Saurav For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-05-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in a case instituted for the offence under Sections 147, 148, 149, 323, 324, 504, 448 and 302 of the Indian Penal Code.

It is a case of commission of murder to the informant's son, namely, Shankar Mahto by several accused persons including the petitioner by means of lathi and danda as a result of which blood started oozing profusely and on way to PMCH, he died.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. No one is the eye witness of the alleged occurrence. Specific allegation is

Patna High Court CR. MISC. No.17164 of 2023(2) dt.12-05-2023 2/2 against co-accused Pampam Mahto and not against the petitioner. Only on the basis of suspicion, the name of the petitioner dragged in the present case. Petitioner was only the member of mob. During investigation, no consistent material has come against the petitioner to show his involvement in the present case. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 9.6.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-II, Begusarai passed in Nav Kothi P.S. case No. 79 of 2022.

(Sunil Kumar Panwar, J) sushma/- U