Babita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46696 of 2021 Arising Out of PS. Case No.-299 Year-2021 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Babita Devi W/O- Deo Nath Thakur R/o Vill - Madhopur Ram, Ward no. 2, P.S. - Sarai, Dist. - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan No.Ii For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 21-06-2022 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 Hajipur Sadar P.S. Case No. 299 of 2021 registered for the offence under Sections 302, 201 and 34 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 15.04.2021.

The allegation against the petitioner is to commit murder of her daughter.

Learned counsel appearing on behalf of the petitioner submitted that the name of the petitioner surfaced merely on the

Patna High Court CR. MISC. No.46696 of 2021(3) dt.21-06-2022 2/3 ground of suspicion. It has further been submitted that the petitioner has been implicated in this false case for the reason that she is the mother of the deceased. It has also been submitted that petitioner is a lady and chargesheet has already been submitted in this case, as such there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State vehemently opposes the prayer for bail of the petitioner. Considering the facts and circumstances as mentioned above, as except suspicion, nothing incriminating surfaced against the petitioner during the course of investigation coupled with the fact that petitioner is a lady, let the petitioner, above named, is directed to be released on bail in connection with Hajipur Sadar P.S. Case No. 299 of 2021 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, Vaishali at Hajipur, subject to the following conditions:

"(i) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and

Patna High Court CR. MISC. No.46696 of 2021(3) dt.21-06-2022 3/3 exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.

(ii) That one of the bailors shall be Rajendra Thakur, who is the cousin brother of the petitioner and deponent of the present bail petition."

(Chandra Shekhar Jha, J) Ankit/- U T