Tara Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42047 of 2021 Arising Out of PS. Case No.-68 Year-2020 Thana- SANOKHAR District- Bhagalpur ====================================================== TARA DEVI W/O NIKO PASWAN R/O VILLAGE-BELSAR,P.SAMADANDA, DISTRICT-BHAGALPUR. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Davendra Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-01-2022 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with S.T. No. 224 of 2021 arising out of Sanokhar (Amadanda) P.S. Case No. 68 of 2020 for the offence registered under Sections 328 and 302/34 of the Indian Penal Code.

The allegation is regarding the accused persons including the petitioner herein having administered poison to the son of the informant resulting in his death. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and she is languishing in custody since 21.10.2021. The learned counsel for the petitioner has further submitted that a general and omnibus

Patna High Court CR. MISC. No.42047 of 2021(2) dt.05-01-2022 2/3 allegation has been levelled against the petitioner and there is no eye witness to the alleged occurrence. It is also submitted that similarly situated co-accused person namely Doli Devi from whose house the dead body was recovered, has already been granted bail by a coordinate Bench of this Court vide order dated 21.10.2021 passed in Criminal Misc. No. 2950 of 2021. Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that co-accused person namely Doli Devi from whose house the dead body was recovered, has already been granted bail by a coordinate Bench of this Court and moreover considering the fact that a general and omnibus allegation has been levelled against the petitioner apart from the fact that there is no eye witness to the alleged occurrence, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.42047 of 2021(2) dt.05-01-2022 3/3 satisfaction of learned Additional District Judge-Xth, Bhagalpur in connection with S.T. No. 224 of 2021 arising out of Sanokhar (Amadanda) P.S. Case No. 68 of 2020.

(Mohit Kumar Shah, J) S.Sb/- U T