Kiran Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41260 of 2023 Arising Out of PS. Case No.-1 Year-2021 Thana- YADOPUR District- Gopalganj ====================================================== Kiran Devi, Wife Of Shiv Kumar Chaudhary, Resident Of Village- Khwajepur (GARHPUR), Ps- Jadopur, Distt- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jeetendra Narayan, Advocate For the Opposite Party/s :

Mr.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with S. Tr. No. 231 of 2021 arising out of Jadopur P.S. Case No. 01 of 2021 dated 03.01.2021 registered for the offences punishable u/s 302 read with Section 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have committed murder of informant's husband. It is further alleged that the allegation against the petitioner is of catching hold of the hands and legs of the

Patna High Court CR. MISC. No.41260 of 2023(2) dt.21-07-2023 2/2 deceased while the co-accused Shiv Kumar Chaudhary assaulted the informant's husband with gadasa.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the only allegation against the petitioner is of catching hold of the hands and legs of the deceased. Nothing has been recovered from the possession of the petitioner. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 03.01.2021

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gopalganj in connection with S. Tr. No. 231 of 2021 arising out of Jadopur P.S. Case No. 01 of 2021.

8. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T