Sabnam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34458 of 2024 Arising Out of PS. Case No.-372 Year-2023 Thana- BELDOUR District- Khagaria ====================================================== 1.

Sabnam Devi WIFE OF PAPPU MUKHIYA RESIDENT OF VILLAGETILATHI, P.S.- BELDAUR, DISTT- KHAGARIA 2.

SUNITA DEVI WIFE OF CHANDAN MUKHIYA RESIDENT OF VILLAGE- TILATHI, P.S.- BELDAUR, DISTT- KHAGARIA 3.

SAVITA DEVI WIFE OF KUNDAN MUKHIYA RESIDENT OF VILLAGE- TILATHI, P.S.- BELDAUR, DISTT- KHAGARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sadanand Roy For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 05-07-2024 Heard learned counsel for the petitioners as well as learned APP for the State.

2. In this case, the petitioners are seeking regular bail in connection with Beldaur P.S. Case No. 372 of 2023, registered for the offences punishable under Sections 302, 201, 353, 120B/34 of the IPC.

3. As per allegation, the informant got an information that his father, who was a chowkidar, was killed by the accused persons. The informant alleged in the FIR that co-accused Pappu Mukhiya, Chandan Mukhiya and Kundan Mukhiya had earlier threatened the informant's father (deceased) to kill him. Thereafter, the accused persons, in a deep conspiracy, committed murder of the deceased.

4. Learned counsel for the petitioners has submitted that

Patna High Court CR. MISC. No.34458 of 2024(3) dt.05-07-2024 2/2 all the three petitioners are ladies. In the FIR, there is no allegation that they had threatened the informant to kill his father. This allegation is only against co-accused Pappu Mukhiya, Chandan Mukhiya and Kundan Mukhiya. The informant has implicated the entire family members of the petitioners including the female members. His further submission is that during investigation, no evidence emerged against the petitioners except the suspicion.

5. On the other hand, the learned APP for the State though opposed the prayer for bail but fairly admitted that except suspicion, there is nothing in the entire case diary.

6. Considering the above-mentioned facts and circumstances, specially the fact that petitioners are ladies, let the petitioners above-named be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Beldaur P.S. Case No. 372 of 2023, subject to the following conditions:- (i) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.

(Nawneet Kumar Pandey, J) kundan/- U T