Shila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12553 of 2023 Arising Out of PS. Case No.-145 Year-2021 Thana- SAKRA District- Muzaffarpur ====================================================== SHILA DEVI W/O LAKHKHU DAS @ LAKHU DAS R/v- Harpur Krishan, P.S-Sakra, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raju Kumar For the Opposite Party/s :

Mr.Arvind Kumar Pandey(App84) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-12-2023 Despite calling FSL report for several times, it has not been produced to the Court.

2. Heard learned counsel for the petitioner and learned APP for the State.

3. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code.

4. As per prosecution case, the informant who is husband of the deceased, alleged that the petitioner and coaccused used to assault her husband. Ultimately, on 3.3.32021 husband of the informant was assaulted by the accused persons and thereafter he died.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. She has falsely been implicated in this case. The informant is not an eye

Patna High Court CR. MISC. No.12553 of 2023(7) dt.20-12-2023 2/2 witness of the alleged occurrence. No any specific allegation against the petitioner rather general and omnibus allegation leveled against her. As per postmortem report, doctor has not opined the cause of death of the deceased. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition. It is further submitted that the petitioner is a lady and she is languishing in judicial custody since 3.3.2021.

6. Learned APP appearing for the state has opposed the prayer of regular bail.

7. Considering the facts and circumstances of the case as well as the petitioner is a lady and his custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sakra P.S. Case No. 145 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 12th Additional District and Sessions Judge, Muzaffarpur.

(Sunil Kumar Panwar, J) Amandeep/- U T