Dewanti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32188 of 2023 Arising Out of PS. Case No.-1570 Year-2022 Thana- PHULWARISHARIF District- Patna ====================================================== Dewanti Devi W/O Dharamveer Chouhan R/O Village- Govindpur, P.SPhulwarisharif, Distt.- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Piyush Kant Singh, Advocate For the Opposite Party/s :
Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 03-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Phulwarisharif P.S. Case No. 1570 of 2022 registered for the offence under Sections 302/201 of the Indian Penal Code. The accused/petitioner is not named in the F.I.R. and is in custody since 08.01.2023.
As per case of prosecution, a dead body was recovered by informant on information received at about 15:45 on 17.12.2022 by Chaukidar No. 1/8, namely Baleshwar Kumar, where name of this petitioner surfaced during the course of investigation on the basis of confessional statement.
Patna High Court CR. MISC. No.32188 of 2023(2) dt.03-07-2023 2/3 Learned counsel appearing on behalf of the petitioner submitted that the name of petitioner surfaced in present case on the basis of suspicions, as prior to this occurrence the son of petitioner was murdered therefore, the accused persons of said cases in connivance with the police named this petitioner as an accused in present case so as to create legal pressure to enter into compromise. It is submitted that save and except confessional statement no incriminating material recovered /surfaced during the course of investigation, which may connect petitioner, prima facie, with present occurrence of murder, who is a lady of clean antecedent. While concluding the argument, it has been submitted that investigation of this case is completed, for which charge-sheet has already submitted, as such, there is no chance of tampering with the evidence.
Learned APP opposes the prayer of bail.
Considering the facts and circumstances as mentioned above, as save and except confessional statement, no incriminating material recovered/surfaced against this petitioner, who is a lady of clean antecedent, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 08.01.2023, accordingly the petitioner, above named, is directed to be released on bail in connection with
Patna High Court CR. MISC. No.32188 of 2023(2) dt.03-07-2023 3/3 Phulwarisarif P.S. Case No. 1570 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate XIV, Patna/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J) Archana/- U T