Shanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47342 of 2021 Arising Out of PS. Case No.-59 Year-2019 Thana- RAJPUR District- Rohtas ====================================================== SHANTI DEVI Wife of Umesh Sah Resident of Village - Rajpur, P.S.- Rajpur, District - Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwari, Advocate For the Opposite Party/s :

Mr.Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-03-2022 Heard the learned counsel for the petitioner and Sri Madan Kumar, the learned APP for the State.

The petitioner seeks regular bail in connection with Rajpur PS case no. 59 of 2019 instituted for the offences punishable under Sections 302, 201, 376/34 of Indian Penal Code and Sections 4 and 6 of POCSO Act.

The allegation is regarding the accused persons having murdered the minor daughter of the informant. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 16.12.2020. The learned counsel for the petitioner has further submitted that the charges have already been framed in the present case and during the course of

Patna High Court CR. MISC. No.47342 of 2021(2) dt.02-03-2022 2/3 trial, the informant has deposed as PW 3, however he has retracted from his earlier statement made before the police Lastly, it is submitted that almost all the co-accused persons have already been granted bail by co-ordinate Benches of this Court vide orders dated 12.09.2019, passed in Cr. Misc. no. 56939 of 2019, order dated 30.06.2021, passed in Cr. Misc. no. 31442 of 2020 and order dated 08.12.2021, passed in Cr. Misc. no. 43030 of 2021 respectively.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the parity of the case of the petitioner with that of the co-accused persons who have already been granted bail by co-ordinate Benches of this Court, I deem it fit and proper to admit the petitioner to the privilege of bail. Accordingly, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of 1st Additional District and

Patna High Court CR. MISC. No.47342 of 2021(2) dt.02-03-2022 3/3 Sessions Judge, Rohtas at Sasaram in connection with Rajpur PS case no. 59 of 2019.

(Mohit Kumar Shah, J) rinkee/- U T