Neelam Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25143 of 2025 Arising Out of PS. Case No.-79 Year-2024 Thana- MANIHARI District- Katihar ====================================================== Neelam Devi W/O Late Manoj Yadav Resident of village- Balu Tola Ward No- 09, Nawabganj, PS- Manihari, District- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimal Kumar, Advocate For the Opposite Party/s :
Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Manihari P.S. Case No. 79 of 2024 instituted for the offences under Section 302 of the Indian Penal Code.
3. Prosecution story, in short, is that, on 31.03.2024 when the informant woke up in the morning, she found her husband dead on his bed with several injuries on his body. Informant suspects that one Sunil Kumar Yadav had committed the murder of her husband as there was dispute between him and his husband.
4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.25143 of 2025(4) dt.04-07-2025 2/3 present case. Petitioner is not named in the F.I.R. Learned counsel further submitted that police during investigation made the informant (petitioner herein) an accused in the present case. Learned counsel further submitted that police on the basis of telephonic call between the FIR named accused persons and this petitioner between 01.02.2024 to 05.03.2024 implicated this petitioner in the present case. There is no eye-witness to the alleged occurrence. Learned counsel further submitted that the co-accused Sunil Kumar has already been granted bail by this Court vide order dated 09.12.2024 passed in Cr. Misc. No. 66082 of 2024. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 07.01.2025 and has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, clean antecedent as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner 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 Court
Patna High Court CR. MISC. No.25143 of 2025(4) dt.04-07-2025 3/3 below/concerned Court in connection with Manihari P.S. Case No. 79 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Rudra Prakash Mishra, J) Alok Verma/- U T