Gudiya Devi @ Gudiya Begam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30990 of 2021 Arising Out of PS. Case No.-172 Year-2019 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== GUDIYA DEVI @ GUDIYA BEGAM W/O LATE SHAUKAT SHAH R/O VILLAGE-SAMAHUTA, P.S.-MOHANIYA, DISTRICT-KAIMUR. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Shankar Pathak, Advocate For the Opposite Party/s :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-02-2022 Heard learned counsel for the parties through video conferencing.

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.

As per the prosecution case, the informant states that his daughter-in-law (petitioner herein) informed him on telephone about his son not having returned home. It is stated by the informant that he started making inquiries. The conduct of his daughter-in-law is not proper. On inquiry it transpired that Md. Imran was in touch with her. There had been some fight between the friends of Imran and the son of the informant. The informant states that he is convinced that some mishap has taken place. Subsequently the dead body of his son was recovered. The informant states that he is convinced that his daughter-in-law with her lover Imran Khan and his friends have

Patna High Court CR. MISC. No.30990 of 2021(3) dt.11-02-2022 2/2 murdered his son.

It is submitted by learned counsel for the petitioner that the petitioner is the wife of the deceased. Unsubstantiated suspicion has been raised against the petitioner. In course of investigation the prosecution was relying on the confessional statement of the aforesaid Imran Khan who has himself been enlarged on bail vide order dated 2.9.2020 passed in Cr. Misc. no. 20194 of 2020. Even as per the said confessional statement there is no overt act against the petitioner who is a lady and is in custody since 28.11.2019. She has no criminal antecedent.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the material that has transpired in course of investigation and the petitioner having remained in custody for more than 2 years, the petitioner is directed to be enlarged on bail in connection with Buxar Industrial P.S. Case no. 172 of 2019 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 District Judge IV, Buxar. (Partha Sarthy, J) Spd/- U T