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Patna High CourtCR. MISC./27390/2024bail granted

Ruli Devi v. The State Of Bihar

2024-08-01Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27390 of 2024 Arising Out of PS. Case No.-385 Year-2023 Thana- SURYAGARHA District- Lakhisarai ====================================================== Ruli Devi wife of Chunchun Yadav Village- Ratnupur Pipariya Tola PsSurajgarha Dist- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar, Adv.

For the Opposite Party/s :

Mr.Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-08-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Suryagarha P.S. Case No. 385 of 2023, registered for the offences punishable under Sections 363 and added sections 302, 201,120B of the Indian Penal Code.

3. The informant Pulli Yadav lodged a missing report of his son aged about 6 years. Later on, the dead body of his son recovered behind the house of one Sunita Devi.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated. Though, the informant admitted his illicit relations with the petitioner but that may not be a motive for killing of his son.

Patna High Court CR. MISC. No.27390 of 2024(3) dt.01-08-2024 2/3 Learned counsel has also submitted that the son of the petitioner confessed that he murdered the deceased and concealed the dead body. The blood-stained clothes were recovered from the room of son of the petitioner. Her son might have been accused but so far as the petitioner is concerned she is innocent. Further submission is that the son of the petitioner, in his confessional statement, has also admitted that he had illicit relations with wife of the informant. In paragraph no. 7 of the case diary, the statement of the petitioner has also been recorded which shows that she was also searching for the boy when he went missing.

5. On the other hand, learned APP has opposed the prayer for bail by submitting that the petitioner and informant had illicit relations and the wife of the informant used to quarrel with the petitioner protesting their illicit relations and it might have been the reason for murder of the 6 year son of the informant.

6. Co-accused, Ajay Kumar, son of the petitioner confessed that he murdered the boy and concealed the dead body. Blood-stained clothes were recovered from his room and except suspicion there is nothing against the petitioner. She is languishing under custody since 26.10.2023.

7. Considering the above-mentioned facts and

Patna High Court CR. MISC. No.27390 of 2024(3) dt.01-08-2024 3/3 circumstances clean antecedents as well as the period of detention, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Lakhisarai in connection with Suryagarha P.S. Case No. 385 of 2023, subject to the following condition:- The petitioner shall cooperate in the disposal of trial and make himself available on each and every date till framing of the charge. In case of failure on two consecutive dates, the learned court below will be at liberty to cancel the bail bonds of the petitioner.

(Nawneet Kumar Pandey, J) SONALI/- U T