Most. Seema Devi @ Seema Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26726 of 2021 Arising Out of PS. Case No.-152 Year-2013 Thana- PUNPUN District- Patna ====================================================== MOST. SEEMA DEVI @ SEEMA DEVI W/O LATE BULLU SINGH @ PRAMOD KUMAR SINGH R/o village- Pandit Ganj Bara, P.S.- Kadirganj, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Anand, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 30-11-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302 and 34 of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, the husband of the informant was shot dead behind their house, which was under construction, by three unknown accused persons. Thereafter, the accused went away on the motorcycle. She further states that her mother-in-law and other relatives including her nanad (sister-in-law), the petitioner herein have a hand in the occurrence.

It is submitted by learned counsel for the petitioner that the petitioner happens to be the sister of the deceased. There

Patna High Court CR. MISC. No.26726 of 2021(2) dt.30-11-2021 2/2 is no allegation against her in the FIR. Only an unfounded suspicion has been raised by the informant against all the relatives including the petitioner. The petitioner, after the occurrence was not in a sound mental state and, therefore, did not approach this Court earlier. It is submitted that subsequently an application for anticipatory bail was filed in this Court, however, during pendency of the same she was arrested. She is in custody since 20.10.2020.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the contents of the allegations in the FIR as also the order of the learned court below together with the petitioner who is a lady having remained in custody for over one year, the petitioner is directed to be enlarged on bail in connection with Punpun P.S. Case no. 152 of 2013 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Masaurhi. (Partha Sarthy, J) Spd/- U T