Puja Kumari @ Nikita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34990 of 2020 Arising Out of PS. Case No.-14 Year-2020 Thana- AGIAON BAZAR District- Bhojpur ====================================================== 1.

PUJA KUMARI @ NIKITA KUMARI Daughter of Gauri Shankar Sah Resident of Village - Lathan, P.S. Agiaon Bazar, District - Bhojpur. 2.

Nitu Devi Wife of Gauri Shankar Singh Resident of Village - Lathan, P.S. Agiaon Bazar, District - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Advocate Mr.Surendra Kumar Mishra For the Opposite Party/s :

Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-02-2021 Heard the learned counsel for the petitioners and Shri Ashok Kumar, the learned A.P.P. for the State. The petitioners seek regular bail in connection with Agiaon Bazar P.S. Case No. 14 of 2020 for the offence registered under Section 302 of the Indian Penal Code. The allegation is regarding unknown miscreants having abducted the three years old child of the informant and subsequently his dead body was found from the drain. The learned senior counsel for the petitioners has submitted that the petitioners are innocent, have been falsely implicated in the present case and are languishing in custody since 28.04.2020. The learned senior counsel for the petitioners has further submitted that the petitioners are ladies and merely

Patna High Court CR. MISC. No.34990 of 2020(3) dt.03-02-2021 2/2 on suspicion they have been roped in the present case and moreover they have not been named in the FIR. 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 petitioners and taking into account the materials on record as also those available in the case dairy, this Court finds that the police, during the course of investigation, has not come across any such material which would indicate the complicity of the petitioners in the alleged occurrence, save and except suspicion, hence I deem it fit and proper to direct for release of the petitioners herein on regular bail.

Accordingly, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VIII, Ara, District-Bhojpur in connection with Agiaon P.S. Case No. 14 of 2020.

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