Rupa Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20219 of 2024 Arising Out of PS. Case No.-572 Year-2023 Thana- BIDUPUR District- Vaishali ====================================================== Rupa Kumari Daughter Of Ram Naresh Ray Resident Of Village- Kutubpur, Chakmahmad, Ps- Bidupur, Distt- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mritunjay Kumar, Advocate For the Opposite Party/s :
Mr.Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Bidupur P.S. case No. 572 of 2023 instituted for the offences under Sections 302, 120B of the Indian Penal Code and Section 27 of the Arms Act.
3. Prosecution case, in short, is that son of the informant was shot dead by two miscreants when he was returning from the factory. It is further alleged that all the FIR
Patna High Court CR. MISC. No.20219 of 2024(2) dt.19-03-2024 2/3 named accused persons, including this petitioner, along with other unknown miscreants have killed the son of the informant under a conspiracy.
4. Learned counsel for the petitioner submitted that the petitioner is a lady and has falsely been implicated in the present case. No specific overt act is alleged against the petitioner. Learned counsel further submitted that informant is not the eyewitness to the occurrence. Learned counsel further submitted that except suspicion, there is no material against this petitioner. Similarly situated co-accused person has already been granted bail by this Court vide order dated 06.03.2024 passed in Cr. Misc. No. 13788 of 2024. It has been submitted on behalf of the petitioner that the petitioner is in custody since 01.10.2023 and has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, petitioner being lady, having clean antecedent and no direct allegation, as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner 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 Court
Patna High Court CR. MISC. No.20219 of 2024(2) dt.19-03-2024 3/3 below/concerned Court in connection with Bidupur P.S. case No. 572 of 2023.
(Rudra Prakash Mishra, J) Alok Verma/- U T