Seema Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33814 of 2023 Arising Out of PS. Case No.-366 Year-2022 Thana- JOGAPATTI District- West Champaran ====================================================== Seema Devi W/o Angrez Baitha R/O Village- Nawgawa, P.S- Jogapatti, Distt.- West Champaran.
... ... Petitioner/S
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Akhileshwar Kumar Shrivastva, Advocate For the Opposite Party/s :
Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 26-06-2023 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 Jogapatti P.S. Case No. 366 of 2022 (G.R. No. 2857/2022) registered for the offence under Sections 302, 201, 120(B)/34 of the Indian Penal Code.
The accused/petitioner is named in the F.I.R. and is in custody since 05.11.2022.
The allegation against the petitioner is to commit the murder of son of informant alongwith other co-accused persons/family members by causing bodily injuries, where occurrence is arises due to love affairs between deceased and
Patna High Court CR. MISC. No.33814 of 2023(2) dt.26-06-2023 2/3 daughter of petitioner.
Learned counsel appearing on behalf of the petitioner submitted that save and except suspicion, nothing appears incriminating against this petitioner from the bare perusal of FIR itself. It is submitted that during the course of investigation, nothing surfaced, which may connect petitioner with present occurrence of murder. It is also submitted that even the suspicion of love affair is also baseless and it based upon the hearsay input. It is also submitted that the dead body of the son of informant was found from bank of river which is accessible by general public and open place. While concluding the argument, it is submitted that petitioner is a lady of clean antecedent and, moreover, investigation of this case is completed, for which charge-sheet has been 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 and by taking note of the fact, as save and except suspicion, nothing appears incriminating against this petitioner, which may connect him prima facie with the present occurrence of murder, where petitioner is lady of clean antecedent, coupled with the fact that charge-sheet has already submitted, where
Patna High Court CR. MISC. No.33814 of 2023(2) dt.26-06-2023 3/3 petitioner is in custody since 05.11.2022, accordingly, petitioner above named, is directed to be released on bail in connection with Jogapatti P.S. Case No. 366 of 2022 (G.R. No. 2857/2022) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) veena/- U T