Tara Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27079 of 2019 Arising Out of PS. Case No.-13 Year-2018 Thana- SUIYA District- Banka ====================================================== TARA DEVI, aged about 48 years (Female), Wife of Bhuneshwar Khaira Resident of Village- Paperwa, P.S.- Katoria, District- Banka. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Brij Nandad Prasad, Advocate.

For the Opposite Party :

Mr.Tarun Prasad Mandal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-04-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 11.12.2018 in a case for the offence registered under Sections 302/34 of the IPC.

The prosecution story, in brief, is that on 07.03.2018 at about 10.00 A.M. in the morning, Yogendra Yadav the husband of the informant and Naresh Kole went with Sita Ram Yadav but they did not return. On the next day i.e., 08.03.2018 at 6.00 A.M. in the morning their dead bodies were recovered. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. Her name

Patna High Court CR. MISC. No.27079 of 2019(2) dt.25-04-2019 2/2 has come on the basis of confessional statement of co-accused Bhuneshwar Khaira. From perusal of the order dated 23.01.2019, passed by the learned Additional Sessions JudgeIInd, Banka, it appears that the name of the petitioner has come on the basis of confessional statement of co-accused. Except for this, there is no substantive evidence to suggest the implication of the petitioner in the present case. Other co-accused has been granted bail by another Co-ordinate Bench of the Court vide Cr. Misc. No. 48240 of 2018 order dated 27.09.2018 and Cr. Misc. No. 63272 of 2018 order dated 26.10.2018.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is not named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, 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 learned Additional Chief Judicial Magistrate-I, Banka, in connection with Suiya P.S. Case No. 13/2018.

(Sudhir Singh, J) U.K./- U T