Patna High CourtCR. MISC./42383/2024bail granted

Anjali Devi v. The State Of Bihar

2024-10-08Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42383 of 2024 Arising Out of PS. Case No.-372 Year-2023 Thana- BACHHWARA District- Begusarai ====================================================== Anjali Devi Wife of Late Ajay Sahani Resident of village - Rajapur, P.S.- Bachwara, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Braj Bhusan Poddar, Advocate For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 08-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in a case registered for the offence punishable under Sections 302/201/34 of the Indian Penal Code.

3. As per allegation in the FIR, it is a case of murder of the husband of the informant by the accused persons.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Petitioner has got clean antecedent as stated in para-3 of the petition and he is in custody since 25.11.2023. He next submits that co-accused, namely, Chandan Sahni has already been rejected bail by this Court passed in Cr. Misc. No.27560 of 2024.

Patna High Court CR. MISC. No.42383 of 2024(3) dt.08-10-2024 2/2

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. On perusal of the first information report, case diary, postmortem report and impugned order dated 22.02.2024, it appears that during investigation petitioner's name is added on the basis of suspicion after perusal of the case diary, para-60 and 63, witness Rahul Kumar has stated that he is an eye witness of the alleged occurrence but he has not stated anything against this petitioner, he is in custody for about one year and he has no criminal antecedent against him, so considering all aspects of the case, I am inclined to grant bail to the petitioner.

7. Accordingly, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Begusarai in connection with Bachhawar P.S. Case No. 372 of 2023.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T