Sangita Kumari @ Sangita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27858 of 2023 Arising Out of PS. Case No.-10 Year-2021 Thana- MAHUA District- Vaishali ====================================================== Sangita Kumari @ Sangita Devi Wife of Siya Ram Paswan Resident of village - Mansurpur Milky, P.S. - Mahua, Distt. - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-06-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Mahua P.S. Case No. 10 of 2021 lodged under Sections 366A / 34 of the I.P.C.

As per the prosecution case, the F.I.R. has been lodged against 8 named accused persons including the present petitioner with allegation that total 8 persons named in the accused column went with the daughter of the informant for cutting the grass in Chaur. At about 2:00 PM, the father of the informant received information that one Raj Kumar Paswan and Raghuwansh Paswan had kidnapped his daughter and on the

Patna High Court CR. MISC. No.27858 of 2023(2) dt.07-06-2023 2/3 basis of which F.I.R. has been lodged for kidnapping with a view to kill.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Learned counsel submits that petitioner is in custody since 21.10.2022 having clean antecedent.

Counsel further submits that from the order passed by the Special Judge, it transpires that the dead body of the victim was recovered later and recovery of one anklet and mobile of deceased were made from the possession of accused Rashila Kumari and Priyanka Kumari. There is no material found during investigation against the present petitioner as it transpires from the rejection order of bail dated 05.04.2023 by the Special Court.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur in connection with Mahua P.S. Case No. 10 of 2021, subject to the

Patna High Court CR. MISC. No.27858 of 2023(2) dt.07-06-2023 3/3 conditions as laid down under Section 437(3) of Cr.P.C. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) prakashmani/- U T