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Patna High CourtCR. MISC./13577/2023bail granted

Savitri Devi v. The State Of Bihar

2023-05-10Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13577 of 2023 Arising Out of PS. Case No.-202 Year-2021 Thana- MUFFASIL District- West Champaran ====================================================== Savitri Devi, Female, aged about 42 years, Wife Of Late Sukhdev Sharma R/O Village- Barbat Sena, P.S.- Muffasil, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gaurav Prakash, Advocate For the State :

Mr. Binod Kumar No. 3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Bettiah Muffasil P.S. Case No. 202 of 2021 dated 15.03.2021 registered for the offence punishable under Sections 302 and 120(B) of the Indian Penal Code.

As per prosecution case, the husband of the petitioner was murdered and the FIR was registered on fardbeyan of the informant, who is petitioner in this case. Later on, during investigation it has been found that the petitioner along with another co-accused murdered her husband as the petitioner and other co-accused was having illicit relationship with each other. Learned counsel for the petitioner submits that there is no eye witness to the alleged occurrence and only on the basis

Patna High Court CR. MISC. No.13577 of 2023(2) dt.10-05-2023 2/3 of suspicion, petitioner's name has been roped in this case. Learned counsel submits that the petitioner has no criminal antecedent and she is in jail custody since 27.06.2021. Learned counsel further submits that a co-ordinate Bench of this Court vide order dated 08.08.2022 in Cr. Misc. No. 62123 of 2021 has granted bail to a similarly situated co-accused namely, Rajesh Mahato.

Learned APP appearing for the State has opposed the prayer for regular bail of the petitioner.

Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, 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 the learned Court concerned in connection with Bettiah Muffasil P.S. Case No. 202 of 2021, subject to the following conditions:- (i) One of the bailors shall be the close relative of the petitioner.

(ii) The petitioner shall remain present on each and every date fixed by the Court below.

(iii) In case of absence on two consecutive dates without sufficient reason or if the petitioner misuses the liberty

Patna High Court CR. MISC. No.13577 of 2023(2) dt.10-05-2023 3/3 or violates any of the condition imposed upon her, her bail bonds shall be liable to be cancelled by the Court concerned. (Sunil Dutta Mishra, J) P. Kumar U T