Kiran Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32882 of 2021 Arising Out of PS. Case No.-615 Year-2020 Thana- BRAHMPUR District- Buxar ====================================================== 1.
Kiran Devi W/o Shivshankar Mahto R/o village- Marahi Tola, P.S.- Bagengola, District- Buxar 2.
Shivshankar Mahto S/o Late Anant Mahto R/o village- Marahi Tola, P.S.- Bagengola, District- Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bachan Jee Ojha For the Opposite Party/s :
Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-01-2022 Heard learned counsel for the petitioners and learned counsel for the State.
Petitioner seeks bail in connection with Brahmpur P.S. Case no. 615 of 2020 registered for the offence punishable under sections 302/34, 201 and 120B of the Indian Penal Code. Learned counsel for the petitioners at the outset seeks permission to withdraw bail application with regard to petitioner no.2, Shivshankar Mahto. Permission is accorded. Learned counsel for the petitioner submits that petitioner no.1 is in custody since 27.12.2020, is person with clean antecedent and charge sheet has been submitted and is a lady. Learned counsel for the petitioner submits that from
Patna High Court CR. MISC. No.32882 of 2021(3) dt.03-01-2022 2/3 perusal of the allegation as alleged in the FIR, it would manifest that the informant alleges that on 18.11.2020 one Rubi Kumari called her brother Indrajit Bhagat (deceased) on his mobile no. 8434603682 at village Marahi tola and since then his brother is traceless. Learned counsel submits that during the course of investigation, dead body of the deceased was found. Learned counsel submits that petitioner no.1 is a lady and is mother of Rubi Kumari and she has been falsely implicated based on suspicion that she also might have killed the deceased in connivance and conspiracy with petitioner no.2 and others as the deceased was in love with Rubi Kumari. Learned counsel submits that entire allegation hinges around suspicion and there is no eye-witness to the occurrence.
Learned APP opposes the prayer for bail.
Considering the facts that petitioner no. 1 is in jail custody, is person with clean antecedent, is a lady and charge sheet has been submitted, petitioner no.1 Kiran Devi is directed to 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 the Chief Judicial Magistrate, Buxar in Brahmpur P.S. Case no. 615 of 2020.
Learned counsel for the petitioners is permitted to
Patna High Court CR. MISC. No.32882 of 2021(3) dt.03-01-2022 3/3 make correction in cause title of the bail application in course of the day.
(Satyavrat Verma, J) s.hassan/- U T