Chuniya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23639 of 2023 Arising Out of PS. Case No.-979 Year-2021 Thana- BANKA District- Banka ====================================================== Chuniya Devi, Wife Of Prasadi Das @ Ram Prasad Das, R/o Village- Het Sonari, P.S.- Banka, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Nandad Prasad, Advocate For the Opposite Party/s :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 23-05-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Banka P.S. Case No. 979 of 2021 dated 10.12.2021 registered for the offences punishable under Sections 302, 120(B)/34 of the Indian Penal Code.

3. The main submissions advanced by the learned counsel for the petitioner are that the petitioner is a lady and she has been dragged in this case merely on account of being wife of the co-accused Ram Prasad Das, who was apprehended in a case under the Excise Act which was reported by the deceased who happened to be the chaukidar of the petitioner's locality and mainly on account of the said circumstance the petitioner and her family members were suspected by the prosecution

Patna High Court CR. MISC. No.23639 of 2023(2) dt.23-05-2023 2/2 party to be involved in the alleged crime but there is no direct or indirect evidence against the petitioner to connect her to the alleged offence and there is only suspicion against her raised by the prosecution party. Further submissions are that against the petitioner the investigation has been completed and she has been languishing in jail since 03.02.2023.

4. Learned APP appearing for the State opposes the bail prayer.

5. Considering the above submissions and mainly the completion of investigation against this petitioner who is a lady and also the fact that in the FIR only suspicion was raised by the informant on account of previous threatening given by the family members of this petitioner to the deceased, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail in connection with Banka P.S. Case No. 979 of 2021 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) Rajiv/- U T