Sony Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33212 of 2020 Arising Out of PS. Case No.-307 Year-2020 Thana- AHIYAPUR District- Muzaffarpur ====================================================== SONY KUMARI D/O Shivchandra Ray Village - Sugari, P.S. - Mahindwara, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Chandra For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-02-2021 Heard learned counsel for the parties.

This application for regular bail arises out of Ahiyapur P.S. Case No. 307 of 2020, disclosing offence punishable under Section 302 and other allied Sections of the Indian Penal Code.

It has emerged on the basis of the accusation made in the FIR and materials collected in course of investigation that the petitioner and the deceased had developed some intimacy which was not acceptable to the family members of the petitioner. The alleged confessional statement of co-accused Abhishek Kumar, a cousin of the petitioner, recorded by the police under Section 161 of the Cr.P.C. is available with the case diary, from which it appears that there is no assertion of

Patna High Court CR. MISC. No.33212 of 2020(4) dt.19-02-2021 2/2 any overt act against the petitioner except to the effect that as insisted by her family members, she had called the deceased to her residence where he was allegedly done to death. The petitioner is in custody since 28.05.2020.

Considering the genesis of occurrence and the materials available in the case diary, in my opinion, a case for grant of regular bail is made out. This application is allowed. Let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand), with two sureties of the like amount, each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in Ahiyapur P.S. Case No. 307 of 2020.

(Chakradhari Sharan Singh, J) Rajesh/- U T