Sulekha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21188 of 2023 Arising Out of PS. Case No.-153 Year-2022 Thana- CHANDAN District- Banka ====================================================== Sulekha Devi, Gender-Female, Aged about 41 years, Wife of Sudip Singh, Resident of Village -Kodwara , P.S.- Belhar, Dist Banka ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Narendra Kumar, Advocate For the Opposite Party :
Mr. Humayou Ahmad Khan, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 18-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Chandan (Anandpur O.P.) P.S. Case No. 153 of 2022, dated 20.08.2022, instituted for the offence punishable under Sections 385, 386 and 387 of the Indian Penal Code.
3. The prosecution case, in short, is that on 08.08.2022 at around 09:45 am, informant's brother received a call from unknown mobile no. 7091778549 who demanded Rs. 2,50,000/- and threaten to kill, if fails. Further, it is alleged that again same call was made on 13.08.2022 & 14.08.2022, at about 09:30 am and threatened the informant and demanded the money as extortion if fails, he will be killed.
4. Learned counsel for the petitioner submits that the petitioner is innocent and she has been falsely implicated in this
Patna High Court CR. MISC. No.21188 of 2023(2) dt.18-05-2023 2/2 case. It is further submitted that the petitioner is not named in the F.I.R. and no incriminating articles have been recovered from the conscious possession of the petitioner. Only on the basis of confessional statement of co-accused, namely, Yugal Kishore Yadav, the petitioner's name transpired in this case. It is also stated that there are some disputes between the husband of the petitioner and co-accused Yugal Kishore Yadav due to which, he disclosed the name of the petitioner. Further, it is submitted that the alleged mobile no. 7091779549 was recovered from the possession of the co-accused, namely, Yugal Kishore Yadav. Lastly, it has been submitted that the petitioner is in custody since 03.10.2022 having no criminal antecedents and charge-sheet has been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in Chandan (Anandpur O.P.) P.S. Case No. 153 of 2022. (Khatim Reza, J) Gaurav Kumar/- U T