Sharmila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13171 of 2020 Arising Out of PS. Case No.-267 Year-2019 Thana- ITARHI District- Buxar ====================================================== SHARMILA DEVI W/o Mahendra Prasad Gupta Resident of Village- Diliya Tola, P.S.- Dinara, District- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramchandra Singh, Adv.

For the Opposite Party/s :

Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-07-2020 Heard learned counsel appearing for petitioner as well as learned Additional Public Prosecutor appearing for State through video conferencing.

Petitioner apprehends his arrest in connection with Itarhi P.S. Case No.267 of 2019 registered for the offences punishable under Sections 302, 201/34 Indian Penal Code and 27 Arms Act.

One unknown dead body of a young girl was recovered and subsequently in course of investigation it came to light that the aforesaid dead body was of daughter of the petitioner. Police recorded the confessional statement of the petitioner and she disclosed that her husband as well as her son took the deceased on motorcycle and subsequently deceased was killed by her husband and her son. She further confessed that she had also

Patna High Court CR. MISC. No.13171 of 2020(3) dt.09-07-2020 2/2 entered into the conspiracy of killing the deceased. Even if the statement of petitioner recorded at para-92 of the case diary is considered to be true then also, there is only allegation of conspiracy against the petitioner and the actual accusation of killing the deceased is against the husband and son of the petitioner.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let petitioner be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) within two sureties of the like amount each to the satisfaction of learned A.C.J.M., VI, Buxar or his successor in connection with Itarhi P.S. Case No.267 of 2019.

(Hemant Kumar Srivastava, J) Prakash Narayan /- U T