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Patna High CourtCR. MISC./37548/2021bail granted

Chhathiya Devi v. The State Of Bihar

2022-01-10Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37548 of 2021 Arising Out of PS. Case No.-161 Year-2019 Thana- PARSA District- Saran ====================================================== CHHATHIYA DEVI Wife of Bindeshwar Pd. Yadav Resident of VillageFatehpur Anjani, P.S.- Parsa, District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Radha Mohan Singh, Adv.

For the Opposite Party/s :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302 and 120B of the Indian Penal Code.

It is submitted by learned counsel for the petitioner that the earlier application for bail of the petitioner was rejected vide order dated 6.10.2020 passed in Cr. Misc. no.11189 of 2020 with an observation that the same was being rejected for the present.

It is submitted that as per the prosecution case, the son of the informant left home with his friend on a motorcycle.

Patna High Court CR. MISC. No.37548 of 2021(3) dt.10-01-2022 2/3 He proceeded to meet Kavita Kumari where it is stated that her brother Vikash Kumar, Dharmendra Kumar and the mother of Kavita Kumari ie the petitioner herein caught hold of him and beat him up. He was locked. His friend managed to escape. Subsequently, the dead body of the son of the informant was found.

It is submitted by learned counsel for the petitioner that no material has transpired in course of investigation to connect the petitioner with the alleged crime. Only an unsubstantiated suspicion has been raised against her. Coaccused Kavita Kumari has been enlarged on anticipatory bail and co-accused Vikash Kumar has been enlarged on bail vide order dated 20.1.2021 passed in Cr. Misc. no.34731 of 2020. The petitioner is in custody since 20.12.2019. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, grant of bail to the above named co-accused Vikash Kumar and the petitioner having remained in custody since 20.12.2019, the Court directs the petitioner to be enlarged on bail in connection with Parsa P.S. Case no.161 of 2019 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.37548 of 2021(3) dt.10-01-2022 3/3 each to the satisfaction of the learned Additional Chief Judicial Magistrate II, Saran at Chapra.

(Partha Sarthy, J) Saurabh/- U T