Asha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31075 of 2023 Arising Out of PS. Case No.-64 Year-2022 Thana- KASIMBAZAR District- Munger ====================================================== ASHA DEVI WIFE OF MUKESH YADAV R/O-POKHARIA, P.S.-BALIA, DISTT.-BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjiv Kumar Singh For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 363 and 365 of the Indian Penal Code.

As per prosecution case, the informant's minor son, who is aged about 14 years namely, Piyush Kumar had gone to market and did not return back.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. She has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown person. The informant's son got married to one Kajal Kumari according to his own will and both got marriage. Except suspicion,

Patna High Court CR. MISC. No.31075 of 2023(2) dt.24-06-2023 2/2 there is no other material against the petitioner to connect her in this case. He further submitted that due to fulfillment of illegal demand made by the informant, this concocted case has bee filed by the informant only to put this petitioner in pressure for settling the demand. He further submitted that the other co-accused have already been granted bail by a Co-ordinate Bench vide order dated 14.02.2023 passed in Cr. Misc No. 53666 of 2022. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. She is languishing in judicial custody since 13.12.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Munger in connection with KasimBazar P.S. Case No. 64 of 2022.

(Sunil Kumar Panwar, J) arish/- U T