Rima Devi @ Reema Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No 38468 of 2023 Arising Out of PS. Case No.-249 Year-2023 Thana- HARSIDHI District- East Champaran ====================================================== RIMA DEVI @ REEMA DEVI W/O ASHOK RAM R/O Village. Dhawahi Nankav , PS. Harsidhi, Dist. East Champaran, Motihari ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr Rajesh Kumar, Advocate For the Opposite Party/s :
Mr Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor (for brevity, APP) appearing for the State of Bihar.
The petitioner has preferred this application for grant of regular bail in connection with Harsidhi PS Case No 249 of 2023 dated 15.04.2023 registered initially for the offence punishable under Sections 304, 308, 328, 201/34 of IPC but subsequently added with Sections 272, 273 of IPC and Sections 30 (a), 34, 37, 41 of the Bihar Prohibition and Excise Act. As per the prosecution case, two persons died due to consumption of some poisonous substance served by unknown persons.
Learned counsel for the petitioner has submitted that
Patna High Court CR. MISC. No.38468 of 2023(2) dt.05-07-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has surfaced during the course of investigation. The petitioner bears clean antecedent, as stated in paragraph 3 of the bail petition. She is a lady and is in custody in this case since 17.04.2023.
Learned APP has vehemently opposed the bail petition of the petitioner.
Considering the aforesaid facts and circumstances of the case, the period of custody as well as the nature of allegation against the petitioner, the petitioner above named is directed to be released on bail on her furnishing bonds of Rs 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Excise Court No I, Motiharti, East Champaran in Harsidhi PS Case No 249 of 2023 dated 15.04.2023.
This application stands allowed.
(Chandra Prakash Singh, J) M.E.H./- U T