Shiv Sagar Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28052 of 2024 Arising Out of PS. Case No.-145 Year-2023 Thana- PUNAURA District- Sitamarhi ====================================================== 1.
Shiv Sagar Devi W/O Late Radha Krishna Singh R/O Village- Shivnagar, P.S- Riga, Distt.- Sitamarhi.
2.
Mamta Devi W/O Late Rama Shankar Singh R/O Village- Sudama, P.SMalangwa, Distt.- Sralani (NEPAL) At Present Resident Of VillageShivnagar, P.S- Riga, Distt.- Sitamarhi. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shankar Kumar For the Opposite Party/s :
Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-04-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for grant of bail in connection with Punaura P.S. Case No. 145 of 2023 registered under sections 302, 306, 120(b) and 34 of the Indian Penal Code and charge sheet has been submitted under Sections 306 and 34 of the IPC.
3. Prosecution case in nutshell is that informant's son, namely, Rama Shankar Singh(now deceased) had given Rs. 6,00,000/- to his brother-in-law. It is further alleged that informant's son went to his sasural for demanding the money but they did not return. Informant got a message from co-
Patna High Court CR. MISC. No.28052 of 2024(2) dt.26-04-2024 2/3 accused Abhinandan Singh that his son had died by hanging himself from a tree. Informant raised suspicion that petitioner along with other co-accused persons with intention to grab his money, have killed his son or compel to commit suicide.
4. Learned counsel for the petitioners submits that the petitioner are innocent and have committed no offence. They have falsely been implicated in this case. Petitioner No.1 is mother-in-law and petitioner No.2 is wife of the deceased. Neither there is any direct evidence against the petitioners nor there is any eye witness of the alleged occurrence. Nothing consistent material has found against the petitioners. A statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent. Similarly situated other co-accused person has already been granted bail by this Court vide order dated 29.02.2024 in Cr. Misc. No. 78293 of 2023. Moreover, the petitioner is languishing in judicial custody since 15.06.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of this case as well as the custody of the petitioners, the Court is inclined to enlarge
Patna High Court CR. MISC. No.28052 of 2024(2) dt.26-04-2024 3/3 the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Punaura P.S. Case No. 145 of 2023 on each of them 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 Sessions Judge VIII, Sitamarhi.
(Sunil Kumar Panwar, J) Shubham/- U T