Pinki Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24823 of 2024 Arising Out of PS. Case No.-756 Year-2023 Thana- KANTI District- Muzaffarpur ====================================================== Pinki Devi Wife of Late Dhiraj Mahto @ Dhirendra Mahto Resident of Village- Bishunduttpur, P.S.- Kanti, Dist.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Nitu Kumari, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Kanti P.S. Case No. 756 of 2023, instituted for the offences punishable under Sections 302, 120(B), 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The prosecution case, in short, is that, son of the informant was shot dead with a conspiracy made by the petitioner and co-accused Anil Mahto i.e. son-in-law of the informant. It is also alleged that both the accused persons have some illegal relationship between them.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.24823 of 2024(2) dt.04-04-2024 2/2 present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. It is further submitted that there is no any eye witness of the occurrence. There is no any direct allegation, rather there is general and omnibus allegation levelled against the petitioner. The petitioner is in judicial custody since 27.10.2023 and has got no criminal antecedent.

5. Learned APP 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, clean antecedent of the petitioner and taking into account 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kanti P.S. Case No. 756 of 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T