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Karuna Devi @ Nandani Devi v. The State Of Bihar

2023-02-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38614 of 2022 Arising Out of PS. Case No.-12 Year-2021 Thana- BATH District- Bhagalpur ====================================================== KARUNA DEVI @ NANDANI DEVI W/o Sri Fuchan Mandal R/o villageAbha Mokhtarpur, P.S.- Bath, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Shekhar Anand For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-02-2023 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, 201 of the Indian Penal Code.

As per prosecution case, allegation against the petitioner is that he along with other co-accused persons killed the daughter and grandson of the informant for dowry. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Petitioner is mother-in-law of the deceased due to which she has falsely been made accused in this present case. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Petitioner has no concern mess and

Patna High Court CR. MISC. No.38614 of 2022(4) dt.01-02-2023 2/2 business of the deceased and was living separately from her. During investigation, no any consistent material found against the petitioner. Moreover, similarly situated co-accused persons have already been granted bail by a coordinate bench of this court vide order dated 16.5.2022 in Cr. Misc. No. 15191 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 6.1.2022.

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, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bath P.S. Case No. 12 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-XII, Bhagalpur/concerned court.

(Sunil Kumar Panwar, J) amandeep/- U T