← Library
Patna High CourtCR. MISC./36545/2023allowed

Marachhiya Devi v. The State Of Bihar

2023-07-03Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36545 of 2023 Arising Out of PS. Case No.-222 Year-2022 Thana- MAHESI District- East Champaran ====================================================== Marachhiya Devi W/O Ramnath Ram R/O Vill. Damodarpur Rangrej Chhapara, PS. Mehsi, Dist. East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bal Govind Sharma For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code.

As per prosecution case, the allegation against the petitioner along with other co-accused persons is that they have killed the brother of the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. She has falsely been implicated in this case merely on the basis of suspicion. There is no eye witness to the alleged occurrence and no consistent evidence against the petitioner. There is no specific allegation against the petitioner. The petitioner has got no criminal antecedent. It is further submitted that the petitioner

Patna High Court CR. MISC. No.36545 of 2023(2) dt.03-07-2023 2/2 is a lady and she is languishing in judicial custody since 15.07.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mehsi P.S. Case No. 222 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., East Champaran, Motihari. (Sunil Kumar Panwar, J) lata/- U T