Kalpana Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34158 of 2023 Arising Out of PS. Case No.-160 Year-2022 Thana- ASARGANJ District- Munger ====================================================== 1.
Kalpana Devi Wife Of Late Jugal Singh Resident Of Village- Khurd Kajourali, Ps- Kajourali, Distt- Bhagalpur 2.
Usha Devi Wife Of Ranjit Singh Resident Of Village- Badi Koriyan, PsAsarganj, Distt- Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjeet Patel For the Opposite Party/s :
Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-07-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek regular bail in connection with Asarganj P.S. Case No. 160 of 2022 registered for the offence under Sections 328, 302, 201/34 of the Indian Penal Code.
3. As per prosecution case, the informant alleged that her brother-in-law was married with petitioner no.1 fifteen years ago but there was no harmonious relationship between them. On 8.10.2022 the deceased went to her Sasural but did not return. Thereafter, the informant got information that her dever Jugal Singh/deceased was killed by the accused persons by administering poison.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.34158 of 2023(3) dt.27-07-2023 2/3 petitioners are innocent and have committed no offence. The petitioner no.1 & 2 are wife and mother-in-law of the deceased due to which they have falsely been implicated in this case. There is no any eye witness of the alleged occurrence. During course of investigation no any consistent material has come against the petitioners. As a matter of fact that the deceased consumed poison himself and when his wife/petitioner no.1 came to know this fact, she immediately took him to nearby doctor where deceased died. It is also submitted that the informant raised only suspicion and made the petitioners as accused. Both the petitioners have got no criminal antecedent as stated in para-3 of the bail petition. It is further submitted that the petitioners are ladies and languishing in judicial custody since 10.10.2022.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Asarganj P.S. Case No. 160 of 2022 on furnishing bail bond of Rs.10,000/-
Patna High Court CR. MISC. No.34158 of 2023(3) dt.27-07-2023 3/3 (ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Munger. (Sunil Kumar Panwar, J) lata/- U T